'£TWJaT A/>a JHBSWS iASA/ A A ;Aa'a.aa:aa- SKfta^ sa*a a a .>3aRArA; fOwvo**- ™w A'* 'fiS^flAflS* {library of congress/ ImaS^ 0 Hb-/-/ W> ♦ {UNITED STATES OF AMERICA. {I iVw q ; », ; >* AQ ^ * .• , A aa^ * ,, n . ■ ■■ *aaaa J se^ss^fiftfiis^ Sea: 'tS rA A A A- M*M * (IAaA «WW«r Ai*'r- *{>*VV*-V " .-AM/' P *A A * >*\a.^ A" K&&8 THIRTIETH GENERAL ASSEMBLY. ILLINOIS LEGISLATIVE HAND-BOOK, COMPRISING F 0 R M S , RULES, L A W S , AND OTHER INFORMATION FOR MEMBERS AND OFFICERS 30TH GENERAL ASSEMBLY. BY .IAS. K. MA(i I K- 5^- SPRINGFIELD: • R II 1 4 ( o. PR 1 NTKRS. Entered according loActol Congress ... I .1. K. KAXHE, In the office of the Libra ' D" °' ^ LEGISLATIVE 1 1 AN" 1»- HOOK.. CALENDAR FOR 1877. '*' - * -n •« c> - L1 rt ^ X & ™ £ V, iJ 72 £ T* o >2 E-i ££ X 1 s : <* • 1* e : Jan. ..10 3 4 5 6 July. - 10,11 12|13 8 9 10 11 12 1314 14 15 l»i 1; 18 19120 15 it; 11 18 19 OH 01 01 22 23 24 25 Bi^ o; 28 ■ 10 31 0';' Feb. Aug". 1 0 •> 4 B 910 5 8 9 10 11 11 I213J14151617 1- 13 14 15 16 li IS 1819;20 21 - li' 2021 .)•> 23 2 ! 25 :; ■> 0'' 29 80 31 .. Mar. 10 8 Sept. ..1 1 " 6 : 8 9 l*» 0 6 7| 8 11 1213 11 15161; Hill 12 18 14 15 is 193021 ;. l(j i; 18 19 20 21 00 23 0 i 25 oi ; • ■•- 2829 Oct. at' o 3 4 ':. a Apr. l o :; 4 5 ♦; 7 1011 10 13 14 4 8 9 10 11 r i. 1 1 15 16 1-3 18 19 20 01 oo 23 04 25 ':- 31 ..I.. Maj~ ! 0 : i 5 Nov. • • • . 1 1 < 8 18 11 15 Hi 17 1H 1!J i: 1213 11 15 II 17 If Jun. 1 o Dec. . -, - g ■ urn 121314 ir,i»; << 1011 10 13 11 15 1718 1921 lr, \\ 18 21 22 08 80 04 25 » "T 1 LEGISLATIVE IIAXD-BOOK. STATE OFFICERS. !.• >\ BRNOR, SHELBY M. CULLOM, Springfield, Sangamon County. I.l BUTENAN1 ' >K, ANDREW SHUMAN, r. \ anston, Cook County. SECl F" STATE, GEORGE 11. HARLOW, Pekin, Tazewell County. AUDI I <)K OF i'l BLH tCCOl NTS, THOMAS B. NEEDL1 Nashville, Washington County. 1 K I \M R] R1 EDWARD RUTZ, Belleville, St. Clair Count) . \ l i > »K\ I Y -GENERAL, JAMES K. EDSALL, Dixon, Lee County. SUPERINTENDENT OF PUBLIC INSTRUCTION, SAMUEL M. ETTER, Bloom in^ton. Me Lean County. LEG IS LA T I V E 1 1 A N D- B< )OK. ILLINOIS MEMBERS OF CONGRESS. Dist Forty-Fourth roD^ress Politics. Forty- Fifth Coi jj Politics. 1. Bernard G. Caul field... Dc m . . . William Aid rich Rep. 2. Carter 11. Harric Dem... . Carter II. Harrison Dem. 3. John V. Le Moyne Dem Lorerzo Brentano Rep. ephen A. Hurl but... Rep.... William Lathrop Rep. 5. Horatio C. fJurcbard.. Rep.... Horatio C. Burchard . . Rep. 6. Thomas J. Henderson.. Rep.... Thomas J. Henderson.. Rep. 7. Alexander Campbell... Ind Philip C. Hayes Rep. 8. Greenbury L. Fort Rep. .. Greenbury L. Fort Rep. 9. Richard II. Whiting. . Rep. .. Thomas A. Boyd Rep. 10. -Toon C. Bagby Ind Benjamin P. Marsh Rep. oil Wyke Dem.. . . Robert M. Knapp Dem. 12. William M. Springer.. Dem.... William M. Springer.. Dem. 13. AdlaiE. Stevenson Ind Thomas F.Tipton Rep 14. J< Bepta G. 1 b G. Cannon Rep. lea Dem... . John R. Eden D..ra. L6. Wm. A Dem,.. . Win. A. J. Sparks Dem. 17. William R. Dem.... William R Morrison.. Dem. IS. William Hartaell Dem.... William Hartzell I)( in. 19 William B. And' I Ind Richard W. Townshend Dem. LEGISLATIVE HAND-HOOK. STATE BOARD OF EQUALIZATION. Dist 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. LS. 14. 15. 16. 17. 18. 19. Names. Politics. nnty. (ook. James Morgan Rep Chicago Conrad L. Neihoff I Km... " M Samuel B. Chase Rep M M Henry E. Hunt Rep Dundee K ai -■ Edward B.Warner Rep ... Morrison White* Henry A. Alnswortn Rep — Ifollne Rock Island. Amos Savage Koj> . . . Lockport Will. Clinton 0. Campbell Rep ... Kankak Talmadge J. Hale Rep Qalesb.nrg...... Knox. Robert J. Cabeen Dem.... BLeithabnrg . . . . Mei Levi T. Whitesidea Dem — Whitehall Edward Scott Dem Jacksonville John N. Anthony Rep Washington Tazewell. William T. Moffat t Rep.... Decatur Macon. William Gil more Dem.... I QUogham. Ephraim M. Gilmore Dem — Litchfield Montgomery Frederick Sunklc Dem.. . Belleville St. Clair. John S. Crum Rep Vienna Johnson. Valentine S. Benson Dem.... McLeansboro .. Hamilton. LEGISLA T I V B J I A N D- BOO K . BOARDING PLACES. Members and others attending upon the Legislature, may find good rooms and board, with private families, atthe following places: Mrs. Campbell, east side of South Fourth Street, between Edwards and Cook streets. Pleasant family and good location. T. F. Fleming, 439, West Edwards street. Pleasant rooms, and first class board. Conveniently located near the State House. Mrs. G. C. Cole, 415, North Fifth street. Rooms well furnisher], and containing stoves and gas jets. T. II. R a inky, 408, South Fourth street. Four room- conveniently located. Mrs. M. A. Garland, 422, South Fifth street. Good accommodations for four or i\vc gentlemen boarders. Mrs. Million, jo8, N. Fifth street, near Madison. LEGISLATIVE HAND-BOOK. CONTENTS. ♦ ♦ ] AG! Rules of Proceeding [3 General Rules—- Parliamentary Practice Laws Relating to the Legislature Rules oi the State Library Constitution oi Illinois 68 Constitution of United States 116 Rates ot Postage New State 1 louse 135 Rules of the Senate 145 Rules of the House 155 Joint Rules of Senate and I louse 165 Members of the Senate Members of the House 1 70 Official Vote Ij6 LEG I SLAT I VE HAND-BOOK. PREFATORY REMARKS. I have been induced to prepare this publication from a belief that at lea-t some of the information it contains will be found of much use to members of the general assembly and their officers. The people of this state, at the election tor members of the legislature, are disposed to make sweeping changes, and it is an exceptional case when a member is re-elected. Hence it is that most of the members come to the capital seeking information in modes of procedure in legislative practice. Other states have authorized, by law, the publication of Manuals similar to the one here presented, which are furnished to members as an aid and a guide in legisla- tive proceedings. This publication has been very hastily prepared, and is issued at this time in order that the matter of a similar biennial publication may be duly considered by the general assembly, and authorized if irded with favor. A bill was introduced at the last on providing for the publication of a Legislative Manual, but it received little or no consideration, from the fact that but few comprehended the scope or the utility of the publication proposed. The authority for such publication should be conferred upon the Secretary of State, and he will then be able, upon the arrival of member- elect in the city, to place in their hands such rmation as will I s eat help in the organization II as in Other modes of procedure. A 2 IO LEGISLATIVE HAND-BOOK. The book should also contain a variety of such statistical information as may be of use in forming judgment upon matters to be legislated upon. This book is meagre compared with what it should be. I could not under- take to produce a book of the standard required without some guarantee of recompense for my labors, or for ex- penses incurred. As it is, I have been at no little pense in the preparation of ibis volume, with the chances largely against me of receiving my money back. But having been tor eight years a Clerk in the Legislature I have felt the need of a publication like this. I have seen the House organized when all the preliminary work fell upon two or three persons who happened to be posted in the modes of procedur- have seen officers of the Legislature elected wlmn' first business was to hunt up old officers <>r old members to learn the intricate points iu their duties. I have known clerks to proceed for weeks upon some false system, only to learn by experience what a book of this nature might teach them in a few minutes. The experience of ages has operated to establish certain rules and prin- ciples in legislative practice, which, when know p. valuable guides to rapid and harmonious action. It is not, however, to be expected that even the wise and the learned can know all the rules and principles applicable in a particular Legislature without special instruction. As constitutions 'and laws vary, so do modes of pro- cedure vary, and this book recognizes the customs and precedents which have become established in this State. It is the practice in some of the States to make the Clerk of the House a salaried officer, by the vear. who has charge of all the preliminary work and also of the subsequent work necessarily attendant upon the L< lature. The preliminary work pertains to the prepara- LEGISLATIVE HAND-BOOK. II tion of blanks, books, papers, and all such articles as an experienced officer will know arc essentia] in the proper procedure of a Legislature. When there is a guiding mind, invested with proper authority, the work of preparation may not only be thorough, but it may have system, correctness, and adaptation, running through all subsequent proceedings. As it is, the newly elected officers ;ire often obliged to work at a disadvantage until they can be supplied with such blanks, blank-books, and other articles necessary in the proper performance of their duties. The work of a clerk subsequent to the session pertains to the preparation, indexing and publication of the journals of the two houses and also to the riling away in proper order of the papers, books, etc., of the House. No person can be more competent to perform these duties than the Clerk of the House. I make these remarks and suggestions because I have thought that hitherto there ha- been too little system and organiza- tion in the clerical work of the two houses, resulting in blun id complications, and often in expensive litigation because of imperfection in the records of the journal. It must necessarily be so when there is no permanent officer to gather, preserve and apply the wisdom of experience in all the varied and complicated duties of the clerk of a legislative bodv. In this publication I have made reference more ially to proceeding- in the House. It would only be repetition to vr the same procedure for the ate. A limited number of this edition is issued in advance of the 01 the general assembly for prior the ofl re elected, the commil app< and the n ■• edition neatly and 12 LEGISLATIVE HAND-BOOK. handsomely bound will be immediately issued containing the list of standing committees, officers, rules, and such other information as shall be deemed proper or essential. The list of members, with ages, nativity, occupation, etc., is incomplete, but in the next edition will be thoroughly revised and corrected; and to this end it is requested thai members will cordially assist in giving to the publisher all necessary information that may he called for. A column has been left in which to insert the boarding place of each member after the ^imc shall have been selected. It is often the case thai members are sen! on important business, and telegrams arrive, and their whereabouts unknown, hence the necessity of this column. }. K. M. Springfield, Dec. 30, 1 v RULES OF PROCEEDING LEGISLATURE ST^TIE OF ILLI1TOIS. Preliminary to Organization. The members elect to the General Assembly usually arrive in the capital city a few days prior to the day fixed by the Constitution for their meeting. This time is occupied in making acquaintance, looking after rooms and board, and canvassing for the officers of the two Houses. The House and Senate meet independent of each other in party caucus. The time of meeting is usually the evening previous to the first day of the General As- sembly. Notices are posted at the leading hotels, giving time and place of meeting of the different caucuses. The chief business of each caucus is to lay out a line of action by which it agrees to be governed in the tem- porary and permanent organization of the House to which it may belong. Candidates for the various offices are selected, and a committee on temporary organization appointed. This committee will meet the next morning and arrange a programme for the day. If precedent be followed, the committee will select temporary officers, and will also designate the members upon whose motion they shall be nominated. The dominant party will take care to have their temporary candidates duly notified in order that they may be prepared to enter at once upon their duties, when elected. — B 14 RULES OF PROCEEDING T emporary Org a nization. Each House will meet at 12 o'clock, noon, as required by Article IV, vSection 9, of the Constitution, which is as follows: The sessions of (bo General Assembly shall commence at 19 o'clock, noon, on the Wednesday after the first Monday in January, in the year next ins: the election of member* thereof, and at no other time.'nnless as pro- vided by this Constitution A majority <>: the members elec House shall constitute a quorum. Bach House shall determine the r its proceedings, and BhaJl be the judge of the election, r-t urns and qualifica- tions of is member- ; shall choose its own officers; and tin- Senate shall choose a temporary President to preside when the Lu-utt-nani Governor shall not attend as President, or shall aet a- Qoven or. State shall call the House of Representatives to order at the <>p<-i each new assembly, and preside <>\er it until a temporary presiding shall have been chosen and Shall take his seat. The House comes to order at the call of the Secretary of State; and, if a Chaplain he present, prayer is then offered. The Secretary of State, who, in the opening proceedings is accompanied by his Clerk, then directs him to call the roll of members elect, and each member elect as his name is called will rise and answer u H< The Secretary of State will then inform the House that he is prepared to entertain a nomination for a temporary presiding officer. The chairman of the caucus committee on temporary organization, of the dominant party, will then rise and place in nomination for temporary presiding officer the name of the member who may have been agreed upon for that office. It is not usual for the minority party to present any candidate for temporary presiding officer. If no party has a ma- jority, and no previous agreement is entered into in regard to temporary organization, then a useless contest may ensue, which all parties would do better to avoid. A presiding officer haying been chosen, the Secretary of State will then name a committee to wait upon the person chosen and conduct him to the chair. This duty being performed, the Secretary of State welcomes the presiding officer and introduces him to the House as the officer they have chosen, and immediately vacates the chair. The presiding officer, who will now he re nized as "Mr. Speaker," greets the House with such remarks as may befit the occasion, and will then an- nounce that nominations for temporary Clerk are in TEMPORARY ORGANIZATION. order. A member from whose district the person agreed upon for temporary Clerk has been chosen, will then rise and say — Mr. Speaker : The Speaker responds — The gentleman from — {naming his county The member then proceeds — I have the honor to place in nomination for the office of tem- porary Clerk of this House of county. The nomination being seconded, the Speaker will then rise and put it to vote, and declare the result. The Speaker then says — Mr. having been elected temporary clerk of this House he will please come forward and assume the duties thereof. The Clerk then comes forward and is presented to the House as their temporary Clerk. The Speaker then announces that nominations for istant clerks and doorkeepers are in order. To save time, a resolution embodying the names of temporary officers and the respective offices for which they arc named, may be prepared, and a member, who has been designated by the caucus committee, will then and address the Speaker, and, having been recog- nized, will say : I desire to offer a resolution naming temporary officers, and move its adoption. The Secretarv of State having appointed a requisite number of temporary pages, one of them will take the resolution to the Clerk's desk. The Speaker will say — The Clerk will read the resolution: The Clerk having read the resolution, and the mo- tion for its adoption having been seconded, the Speaker will rise and put the same to vote and declare the re- sult: The Speaker will then say- l6 RULES OF PROCEEDING The officers just chosen will please take their respective posi- tions and enter at once upon their duties. The Doorkeepers will then take charge of the en- trances to the bar of the House, and perform the duties assigned to such officers. The assistant clerks will immediately repair to the Clerk's desk and take charge of the resolution already adopted, and make minutes of the proceedings al reach- had, and of all subsequent proceedings until the perma- nent officers are elected and sworn. The House being now temporarily organized, any business looking to permanent organization is in order, among which may be mentioned — A resolution adopting rules and principles of parlia- mentary law. The appointment of a committee on credentials. The appointment of a committee to wait upon a Judge of the Supreme or Circuit Court, and request his presence to administer the oath of office to the mem- bers elect. The adoption of rules may he embodied in a resolu- tion, as follows: Resoht(L That the. rules and principles Ol parliamentary law, as laid down in Cashing'! Manuel [or Jqffer8ori*8: as man }'^ desired) he ad for the government of this Souse, daring its temporary on. The appointment of a Committee on Credentials, with proper instructions, may he embodied in a resolu- sion, as follows: Resolved, That the Speaker, pro teih.. appoint a committee of five, on Credential?, that the Clerk be instructed to call the Representative Dis- tricts, in numerical order, and that the members elect, as their respective districts shall be called, present to said committee their certificates < f elec- tion, and that said committee examine the same, and report the names of the members elect to this House. The above resolution, being adopted, the Speaker will immediately name the committee, whereupon the committee will repair to the Clerk's desk, and the Clerk will proceed to call, "District No. i," and the three members elect from that district will come forward, and deliver into the hands of the committee their respective THE SE N certificates ot election, and then retire to their seats. Each district will be called in like manner. The Constitution requires that the officer to administer the oath to members of the General Assembly shall be a Judge ot the Supreme or Circuit Court. A committee being appointed to wait upon such officer, a motion to adjourn, to a given hour on the fol- lowing day, will be in order. The Clerk will always enter in his journal the hour at which the Hou^e ad- journs. The Senate. Where proceedings are similar, the forms prescribed for the House may be observed in the Senate. The constitution prescribes that the Lieutenant-Governor shall preside in the Senate, but in the absence of such officer, the Senate choose^ it< President from one of its members. In the absence of the Lieutenant-Governor, the last presiding officer of the Senate, if he be a mem- ber holding over, will call the Senate to order, and announce that the first business in order is the election of a Chairman for the temporary organiza- tion of the Senate. A Chairman being elected, and conducted to the chair, will announce the election of a Secretary, pro tempore, to be in order. The Secretary, pro tern., and other temporary officers, being elected, the Chairman will instruct the Secretary to call the roll of Senators holding over, which duty being performed, the Chairman will then instruct the Secretary to call the roll of the Senators elect. After appointment of a Committee on Credentials, simi- lar proceedings to those laid down for the House will follow, until a President, pro tempore, and permanent officers are elected. P E R M A N E X T ORGANIZ A TIOX. Each Ilou^e will re-assemble promptly, at the hour to which it adjourned. After the reading of the journal, the fii ^t business in order will be a report from the Committee on Credentials, which, being read and adopted, a report from the committee to wait on a l8 RULES OF PROCEEDING. Judge, will be in order. If the Judge be present the vSpeaker may call upon the members elect, who have been reported by the Committee on Credentials as entitled to seats as members of the House, to rise and be sworn. The Judge will then administer the oath to the members in a body. The Clerk having previously prepared the form of oath required by the constitution, each member will come forward, as his name is called by the Clerk, and subscribe to the oath prepared for him. The Clerk will call, in alphabetical order, onlv as fast as members may sign and return to their seats. After all have sub- scribed their names, the Judge will take charge of the affidavits, and, at his convenience, will subscribe his name in due form, after which he will return them to the Clerk, who will deposit the same with the Secretarv of State. Nominations for Speaker are now in order. The Clerk, having previously prepared a blank called a u Roll-call," may write at the top of the page the names of those who may be placed in nomination for Speaker. It is seldom that more than two are nominated. The Speaker, pro tew., will announce the names of those placed in nomination, and will say — Gentlemen \ As your names are called, each member will please vote for the candidate who may be his choice. The Clerk will call the roll. The Clerk will then proceed to call the roll, and each member will vote, viva voce, tor the candidate of his choice. The Clerk will mark opposite the name of the member voting, and under the name of the member voted for. After the call is completed, the Clerk will count the number of marks each candidate received and note them at the foot of the page, and pass the same to the Speaker, who will announce the same to the House. If no candidate has received a majority of all the votes, the balloting must be repeated until an election is reached. When a candidate shall have received a majority of all the votes, the Speaker, pro tern., will announce — PERMANENT ORGANIZATION. 19 Mr. having received a majority of all the votes given for Speaker, I hereby declare him duly elected Speaker of this House. A motion will then be in order that the Speaker, pro tem., appoint a committee of three to wait upon the Speaker ju^t elected and conduct him to the chair. One of this committee should be the minority candidate for Speaker. The Speaker being conducted to the chair, the Speaker, pro tern , will present him to the House, and retire with the committee to the body of the House. The Speaker, after such remarks as may befit the ision, will announce that nominations for Clerk are now in order. Nominations being made, the Speaker will announce the names of the candidates, and will instruct the Clerk to call the roll, and similar proceedings as in the elec- tion of Speaker will be had, until the result is an- nounced. To save time, the remaining officers of the House may be embodied in a resolution, and offered by a mem- ber for adoption, thus — That tae fallowing Darned persons be and they are hereby rie dared elected to the respective offices for which they are named: First Assistant Clerk— : ^'infant Clerk— Th'\rrder; To announce the business before the House in the order in which it is to be acted upon; To put to vote all questions which are regularly moved, . nich necessarily arise in the course of proceedings, to announce the result; restrain the members, when engaged in debate, within the rule- of order; To enforce on all occa-ion^ the observance of order decorum among the members; To represent and stand for the House, declaring it- will, and obeying it- commands; The Speaker may call a member to the chair, but . substitution shall not extend beyond one day; In the absence of the Speaker, the House will elect ;» 26 RULES OF PROCEEDING. Speaker, fro tempore, whose office shall cease on the re- turn of the Speaker. The pay and mileage allowed to each member of the the General Assembly shall be certified by the President of the Senate and Speaker of the House of Representa- tives, and entered on the journals, and published at the close of each session. Clerk. — The Clerk has the care and custody of all the papers and records of the House. lie must appor- tion, systematize and personally supervise the labor of his assistants, and when not called therefrom by more important duties, should officiate in person at the read- ing desk. The duties of his subordinates are properly his duties, as all are performed under his direction, and he is responsible for any deficiencies. lie is required to endorse on every bill introduced the number thereof, the name of the member introducing it, the date of in- troduction, and the several orders taken thereon. When a bill passes the House, the Clerk must certify to the same, and at the foot of the bill note the day on which it was passed. At the close of the session he must turn over to the Secretary of State the books, bills, docu- ments and papers in the possession of the House, cor- rectly labeled, folded and classified. First Assistant Clerk. — In the apportionment of work at the Clerk's desk, the duty of talcing the minutes of the proceeding's have usually been assigned to the First Assistant. He should be cpiick and expert in writing, and not unused to reporting the proceedings of meetings. He is expected to know the name of every member, in order to properly note by whom every mo- tion is made. He should have some knowledge of par- liamentary proceedings, so that his minutes may not only harmonize with the proceedings actually had, but with the ordinary rules of parliamentary law. lie will as- sist the Journal Clerk as opportuntiy may offer. He will preserve the minutes of each day and file them. Second Assista?it Clerk. — To the Second Assistant is assigned the duty of writing up the journal, from the minutes taken by the First Assistant. The journal of each day is required to be written up before the time of the next meeting. After the journal is completed, it DUTIES OF OFFICERS. should be bound together in convenient form, with heavy paper cover, and numbered and endorsed conspicuously with the day and month, and when approved should be carefully filed, so that the journal of any given day may be readily produced upon a call for the same. Third Assistant Clerk. — The duties of the Third Assistant pertain to the custody of the printed bills, the distribution of the same, and the keeping of the bill register: also the keeping of a book in which receipts for all bills given to committee^ are recorded. He will also take charge of all bills, resolutions, &c, which are referred to committees, and see that the same are properly delivered and receipted for. Reading Clerk. — This officer, as implied in the title, will officiate at the reading desk when it is not occupied by the Chief Clerk. To him is usually assigned the duty of preparing and delivering all messages from the House to the Senate. He will also take charge of all matter ordered printed, and see that it is properly pre- pared for the printer. Doorkeeper. — It is the duty of the Doorkeeper to pro- vide all necessary supplies for the comfort and con- venience of the House while in session. To this end^ authority is usually conferred upon him by resolution to obtain through the Secretary of State such supplies as may be necessary to conduct his department, the same to be furnished upon a written order of the Doorkeeper, and approved by the Speaker of the House. These supplies extend to such articles as brooms, dusters, pails, ice, chair-, desks, carpets, or anything which may seem itial to the proper furnishing of the hall of the se. He is also charged with the duty of preserving oidcr and decorum, not only during the hours of sessions, but at all times when the doors of* the hall are opened to the public. lie will announce to the Speaker the messengers from the Governor or the Senate. The Pages are under his direction, and their respective posi- tion- are assigned by him. He will serve all warrants or n id make all arrests that may be ordered l>v the House, or that are conferred upon him by authority ►n 13, chapter 63, of the Revised Statutes, pub- lished elsewhere in this volume. Heretofore he lias had 28 RULES OF PROCEEDING. two assistants, but it is thought that in the new state house he will require at least three. The assistants attend the entrances to the hall, admit onlv such as are entitled to admission, and perform any of the duties assigned to the Doorkeeper, under his direction. The Doorkeeper will also procure a blackboard of suitable dimensions, and place it in a conspicuous place, upon which he will announce committee meetings, as he may be directed by the chairmen of committer Postmaster. — The Postmaster receives and distributes in the House postoffice all mail matter coming to the member^, officers, and others attending upon the L< lature who desire to receive their mail through this source. Each member has a box in the House postoffice in which his mail is deposited. The Postmaster or his assistant should be in attendance at all hours that the hall of the house is open. He should keep a stippl stamps, envelopes, etc., for the convenience of memi Engrossing and Enrolling Department. This department is under the management and ^ trol of the Chief Engrossing and Enrolling Clerk, who has two assistants. The Committee on Engrossed Jnd Enrolled Bills are authorized to supervise the work of the department, as it is the finishing part of the great work wrought out by the General Assembly. The routine of business may be thus described: Alter a bill has passed a first and second reading, and it is ordered to a third reading, the order is, "ordered engrossed for a third reading;" and the bill and all the amendments which may have been adopted, are arranged in their proper order by the Clerk of the House, and delivered to the Chief Engrossing Clerk, who receipts for the same in a book kept for that purpose. The Engrossing- Clerk, in a book prepared for that purpose, enters the same by its number and title, also the date when re- ceived. He then proceeds to re- write the bill, carefully inserting every amendment, and perfects it without erasure or interlining. After the bill has been en- grossed in the manner indicated, it is carefully com- pared with the original, and then properly folded and en- dorsed, "A bill for an act," etc. The bill will then be ENGROSSING AND ENROLLING DEPARTMENT. 29 delivered into the hands of the chairman of the Commit- tee on Engrossed and Enrolled Hills, who will receipt for the same in the record kept for that purpose. The committee will examine the bill, and, if found correct, will report the same hack to the House, in writing, as correctly engrossed. The bill thus passes again into the hands of the Clerk of the House, and conies up in its regular order on its third reading, and passage; after which it is reported, by message, to the Senate, where it passes through the same orders as in the House, except the order to engross, as each House engrosses the bills which it originates. If the Senate concurs in the pass- age of the bill, without amendment, it is then returned by message to the House, and the bill is then ready to be engrossed as a law. If the Senate amends the bill, it i< reported to the House, asking for its concurrence in the amendments. If the House concurs, it reports its concurrence to the Senate, and orders the bill enrolled with the amendments. If the House non-concurs, the bill is reported back with its non-concurrence, and a joint committee of conference may then be raised to ad- just the difference. When a hill is ready to be enrolled, *ain parses into the hands of the Engrossing and En- rolling Clerk, who receipts for it, as before, and will then enter the bill by its title in a book, entitled, " Rec- ord of Enrolled Bills," and will then proceed with great care to re-write said bill, embiacing all amendments, if any, avoiding errors, mis-spelling, erasures, etc. It some- time^ happens, if bills are carefully written when en- *sed, and not soiled or manipulated in any manner, that many pages of the manuscript may be used when enrolled. The unrolled law must be carefully compared with the engrossed copy. The back of the enrolled law must be neatly and carefully endorsed, as follow-: 0. AX ACT, Etc. 'IT. «sing and Enrolling Clerk will then write under the same, —"Enrolled — , 1^77." and attach ignature thereto. He will also preserve, as 30 RULES OF PROCEED] NTG. a matter of reference, the outside sheet of all bills which the several orders have been noted, and file the same with the Secretary of State when he turns his effects at the close of the session. After a bill has been thus enrolled, it passes again into the hands of the Committee on Engrossed and En- rolled Bills, and, after examination, the chairman thei if found correct, will report the same back to the House as correctly enrolled. He will then obtain the certificate of the Clerk and the signature of the Speaker to the bill, after which he will proceed to the Senate and tain the signature of the President of that body. The certificate of the Clerk should be written in red ink on the left upper margin of the first page of the bill, and should be — Originated in the H A. BM ( lerk. Hills originating in the Senate should be endorsed in like manner, as originating in the Senate, and subscribed by the Secretary. The signatures of the Speaker and the President should be at the bottom of the bill, with their official titles. The name of the Speaker should always precede that of the President. The routine work of obtaining the signatures, mak out the reports of the committee, ctcmavbe performed by the clerk of the Committee on Engrossed and En- rolled Bills. The Committees of the two Houses on Engrossed and Enrolled Hills constitute a joint committee on en- rolled bills. This joint committee usually appoints fl sub-committee from their number who have especial charge of enrolled bills. When a bill has been enrolled, certified to, and signed by the proper officers, it is then ready to lav before the Governor for his approval and signature. It is the business of the joint committee to perform the duty of laying the bill before the Governor. The joint committee will report to their respective Houses their action of having laid the bill before the Governor for his approval. After approval by the Gov- ernor, he notifies both Houses by written message of his PAGES, JANITORS AND OTHER EMPLOYES. 31 approval. The law is then tiled with the Secretary of State. Blanks are furnished by the Clerk for all routine or regular reports. Any number of bills may be included in one report as having been correctly engrossed, en- rolled, or laid before the Governor. The Engrossing and Enrolling Clerk is held strictly responsible for all bills in his possession, and no bill should pass out of his custody, except by order of the House from which he received it, or the presiding offi- cer thereof, or the chairman of Committee on Engrossed and Enrolled Bills; and in no case without taking a receipt therefor. All bills in the office, however, will at all times be subject to the inspection of any mem- ber of the General Asscmblv known to him to be such. Pages, Janitors, and Other Employes. Pages. — The Pages are appointed by the Speaker^ and placed under the direction of the Doorkeeper, who 2jns them their positions upon the floor of the House, and directs them generally as to their duties. Each j should wear a badge bearing his name and num- ber. They should observe strict order, and be ready at a sign to bear a message, or carry a paper to the Clerk's de-k. The raising of a paper, or the snapping of a finger by a member, is the signal that the services of a Page are needed. One Page should not trespass upon the territory of another to perform his duties unless the other is absent or engaged; neither should he leave the hall during -e^-ion hours without the permission of the Doorkeeper. The proper age for a Page should not be than ten vears nor more than fourteen. ya?iitors. — The number of Janitors in the old state house was u-ually two in the Senate and four in the House, but the number in the new state house will un- itedly be increased. Janitor^ were also appointed for committee rooms in different parts of the city, but I the committee rooms will be in the new state house, there is no precedent to determine the number which will be required. The Janitors are required to sweep and du^t the rooms every night, BO that they 32 RULES OF PROCEEDING. shall be in all respect in a neat and presentable condi- tion the next morning. They are also charged with the duty of keeping the water tanks supplied with water and ice. They will attend to the lighting of the hall at the proper time, regulate the temperature of the room-, and perform all duties which pertain to the comfort, cleanliness, and neatness of the rooms under their charge. The Janitors are under the direction of the Doorkeeper. Policemen. — Three Policemen for the House and one for the rotunda were appointed at the last session of the Legislature. The House will determine whether these will suffice for the new state house. It is the business of Policemen, under the direction of the Doorkt preserve order, to guide strangers to such parts of the house as they may wish to go, to take charge of all un- ruly or disorderly persons, and turn them over to the city police, or take such action with them as the House may direct. mail Carrio-. -This person will supply himself with a carpet-hag, or valise, which may be locked, in which he will cany the mail between the eapitol budd- ing and the postotlice. lie should study the arrival and departure of mails from the city, and arrange his trips accordingly, lie should post at the House postoffice a notice of the hours of arrival and departure of the dif- ferent lines of mails, lie will be under the direction of the Postmaster of the House. Committee Clerks. — Hut few iA the committee- are allowed clerks; others are grouped and a clerk allowed to two or more. These clerkships are usually given to newspaper reporters. Their duties are not arduous, but in many instances are essential unless members will volunteer to perform the duties. A clerk keeps the record of the proceedings of the committee; makes out their report; is custodian of the books and papers of the committee, and makes himself generally useful to all the members. Pay of Members, Officers and Employes. The pay of members of the General Assembly is fixed by law at five dollars per day during the session, DELIVERY OF MESSAGES. 53 and an allowance of fifty dollars per session for postage, stationery and newspapers, and ten cents per mile for each mile necessarily traveled in going to and returning from the seat of government. All offieers of the General Assembly receive six dollars per day during the session. Committee Clerks, Janitors, Policemen and the Mail Carrier receive each four dollars per day. Pages are entitled to two dollars per day. Delivery of Messages Between the two Houses. Upon the passage of a bill or joint resolution in either House it is an implied instruction to the Clerk or Secre- tary to inform the other House of such action. This is done by a written message in the following form : A message from the Senate by Mr. SinifJ/. Mr. President — I am directed to inform the Senate that the } louse of Representatives has passed the following resolution, to-wit: Hen Insert tht resolution at length.) In the passage of which I am instructed to ask the concurrence of the Senate. ." In the passage of a bill, or bills, the form is varied to Bay " has passed hills of the following titles, to-wit:"" The titles should be accurately copied from the bills. The form is the same in messages rrom the Senate to House, varying from Mr. President to Mr* Speaker, and reversing the two bodies. In delivering a message, the Clerk will first secure the attention of the Sergeant-at-Arms. Although the reception of a message by either body is always in r. yet there is an obvious propriety in not being upt or hasty. The Sergeant-at-Arms will, at a able moment in the proceedings, secure the atten- tion of the President by saving: Mr. President: The President responds — The Sergeant-at-Arms. The Sergeant-at-Arms will then announce — ge from the House of Representatives by its Clerk. — C2 34 RULES OF PROCEEDING. The Clerk then advances a few steps up the aisle and says — Mr. President: The President responds — The Clerk of the House of Representatives. The Clerk will then proceed to read his message, commencing with " I am directed," etc. Having read his message he will hand the same, with any documents that the message may refer to, to a Page, who will carry them to the Secretary's desk. The Clerk will then retire, and the Senate will re- Mime the business on which it may be engaged. A message from the Governor to either Hous< delivered in like manner hv his Secretary, No message should be delivered in either House un- less both are in session. ORDBB OJ Hi SIN I The Rules of the House prescribe the following the order of business ; 1. The reading of the journal. 2. Petitions. 3. Reports from standing committee-. 4. Reports from select committee-. 5. Unfinished business and messages on Speak table. 6. Introduction of bills. 7. House bills on first reading. 8. House bills on second reading. 9. Consideration of bills by sections. 10. House bills on third reading. 11. Senate bills on first reading. 12. Senate bills on second reading. 13. Senate bills on third reading. 14. Senate messages other than bills. 15. Resolutions. If the House adjourns before the order is completed, it resumes on the following day at the point upon which it was engaged at the time of adjournment. READING OF JOURNAL — PETITIONS, J5 The standing hour for the meeting of both Houses is ten o'clock a. m. Promptly at the hour of the clock which hangs in the hall, the Speaker strikes his gavel, and the members take their respective seats. Prayer is then offered, and the Speaker will call for the reading of the journal of the previous day's proceedings. Reading of the Journal. The Clerk proceeds to read the journal. If it be short, the reading may continue until it is finished. The Clerk may exercise a proper discretion in omitting to read reso- lutions, reports, and such matter as has no reference to the official action of the House, the object of reading- being merely to show that the record has been properlv made. If the journal be long, and business pressing, a member will move that the further reading of the jour- nal be dispensed with. If there be no objection, the Speaker will declare the further reading dispensed with. If there be objection, and a vote is taken, it requires a two-thirds vote to carry, it being a suspension of the rule. Petitions. In presenting a petition, a member should be recog- nized by the Speaker, and he will then deliver the peti- tion to a page, who will carry it to the Clerk's desk. The petition should be carefully folded, and endorsed upon the back thus — Petition of John Bro~:n, of Adams County \ Praying for an Act to Suppress Tramps. Mr. Smith. The Clerk will read the endorsement on the back, and the member, still standing, will name the committee he desires the petition to be referred to, and the Speaker will declare it BO referred. If the petition be important, and of more than ordinary interest, the member may 36 RULES OF PROCEEDING. cail for the reading of the same at length. The com- mittee to which the petition is referred is not especially charged to report the same hack to the House, unit is of a nature calling for special action. It may be laid upon the table of the committee, and they may report a bill in accordance with the prayer of the petition, or take such other action as their judgment may dictate. Reports prom Standing Committees. The standing committees should report, through their chairman, in the order in which the list is made in the rules. The following should be the order: 1. Agriculture. 22. Judiciary. •_'. Appropriations. 28. Judicial Department. '■). Banks and Banking. 24. Librai 1. Canal and River [mpl 26. Mannfaetni 5. Claim-. 26. Mileage. 8. Commerce. 27 Militia. 7. Contingent Expenses of the Mines and Mining. Hoi. Miscellane 8. Corporations. Municipal Alia;1 9. County and Township ( )r .: 81. Penitentiary. tion. 32 Printing. id. Drainage. Public Bntldlngi ads. 11. Education. 84. Public Chant 12. Elections. 86. Railroads. 18 Bngrossed and (Enrolled Bills. Retrenchm 14. Executive Department. Revenue. 15. Federal Relations. Roads, Highways and Brid 16. Fees and Salaries. Rules. 17. F.in a nee. 40. Btate and Municipal Ind is Fish and Game. 19. Geological Survey, n. Stat,' Institutions. 20. Horticulture. VI Warehouses. 21. Insurance. The Speaker will call over the list of committees, commencing with Agriculture, and if any committee, when called, is prepared with a report, the chairman thereof will rise and address the Speaker, and, being recognized, will sav — The Committee on desire to make a report. The Chairman will then deliver the report to a page, who will take it to the Clerk's desk, and the Speaker will sav — The Clerk will read the report. The following is a proper form for report on a House bill: REPORTS 1 ROM STANDING COMMITTEES. yj . From the standing Committee on , to which waa refer- red the bill (H. B. No. —.) entitled u An aol f>\ii). reports in favor ol" the same with (Or without) amendment. When the report is unfavorable, after the word ll rc- U? insert "adversely thereto" The question then will be — Shall the House concur in the report of the committee ? The Speaker may then add — If there is no objection, the report is concurred in, and the bill is ordered to a second reading. If the bill has not been read, the order will be to a first reading, or to the next stage of proceeding, what- ever it may be. If the report is adverse, the House may concur in the :t, and the order will be that the bill lie upon the table. If objection be made to the report, a vote will be taken on the question of concurrence, and if carried in the affirmative, the above orders follow, if in the nega- . a motion will then be necessary to order it to the next stage of proceeding; or, on motion, it may be re- ferred back to the committee, or referred to some other committee. Under this order, it has been in some instances the practice of the House to act especially upon each amend- ment proposed by the committee, and take a vote upon (option. Thi^ often results in a long and tedious debate, running to the merits of the bill, under the or- der of Reports of Committees, and the same proc< liable to be gone through with again upon the second reading of the bill. If necessary, it would be better when the bill is referred to the committee, as is the prac- in Xew York, to add "with power to report com- plete." The following is a form for Senate Bills: Mr. . from rh«- - »u . to which W*i referred - I - entitled An ' hth >,r ■ port* in favor of the Hiime without {Of n-lment. * If the committee amend the bill, they should report ►rdingly, and attach to the bill the amendment- pro- — D 38 RULES OF PROCEEDING. posed, written upon a separate paper. A Senate bill should not be interlined, erased or mutilated in any manner by the House. The House may concur in the report, and order the bill to a second reading, and the amendments will come up for adoption or rejection on its second reading. The action of the House upon a report on a Senate bill differs from a House bill in this regard, viz: The House bill is, in part at least, referred for revision or perfect- ing, and the amendments may be merely of a revisorj character. The House cannot afford to waste tinu cumber its journals, in considering the most proper phraseology for a bill. Its action is addressed more to the subject matter of the bill; hence, upon a report on a House bill, before its second reading, the House, by con- curring in the report, accepts the bill as perfected, and gives attention to its subject matter on its second read- ing. A Senate bill, having passed the scrutiny of the Senate, an)' change in it should be a matter of record. Hence, the amendments proposed by a committee, when adopted, or rejected, should go upon the journal. When a resolution is reported back from a committee, the report may be — Mr. , from the standing committee on , to which tree referred a resolution authorizing tfu Doorkeeper toprocurt ice and Umontkb for th* use of tfu members <>f this Roust report in favor of the adoption thereof, as follows : "Resolved^ etc.. {Ben insert ihi resolution in full. s If the report be unfavorable, the form should con" elude — " report adversely to the adoption thereof." A report from the Committee on Engrossed and En- rolled bills is in order at any time. Reports from Select Committees. There is but little difference in form or effect between a report from a standing committee and a report from a select committee. For a select committee the form should be — Mr. . from the select committee on . consi^tin^ (Here insert the name* of the committee, ami conciu&e with the form for standing committees,) UNFINISHED BUSINESS. 39 Unfi n i s i i i : n Business. It is sometimes the case that a particular matter of business under a general order is left unfinished, and the House passes on to the next order. When this is done the business cannot again be taken up until the order of unfinished business is reached, unless by a suspension of the rules. Under this order messages on the Speaker'- desk are taken up. These pertain to messages received from the Governor, and from such other sources (except the Senate) as the Speaker may deem worthy or proper, or by right should be brought before the attention of the House. Introduction of Bills. When this order is reached the Speaker will direct the Clerk to call the roll for the introduction of bills. Each member, upon call, has the right to introduce two bills, and no more. When his name is called, the mem- ber desiring to introduce a bill will rise and address the Speaker. When recognized, he will say — I desire to introduce a bill. (Or t~:o bills, as the case may be.) The Speaker will say — The gentleman from desires to introduce a bill. The bill being brought to the Clerk's desk, the Speaker will say — The Clerk will read the title of the bill. The title being read, the Speaker will say — If there are no objections, the bill is ordered to a first reading. If there are objections, the member objecting may make such motion as he may deem proper. It is sometimes the case that a member deems his bill as one worthy of precedence, or haste. He may then move a suspension of the rule- in order that the bill mav be read a first time and referred to a committee, or ordered to a second reading. The bill should be en- dorsed on the back with the name of member intro- ducing it, and the committee he de-ires it should be re- ferred to. 40 RULES OF PROCEEDING House Bills on First Reading. The first reading of the bill is generally regarded as mere formality, as no action can be taken on it further than to advance it to the next stage. The Clerk first calls the number of the bill, thus — House Bill, No. i, A bill for an act, etc. And proceeds to read it carefully through. At the conclusion, the Speaker announces — First reading of the bill. The bill is now ready for commit- ment, or to be ordered to a second reading. The usual course is to commit the hill to <>ne of the standing committees. The member introducing it is supposed to be interested in guiding its course, and he will name the committee to which he desires to have it referred; having regard to the appropriate committee; and it would be better to add in the motion for reference, 11 with power to report complete. n The Speaker may then say — If there is no objection it is so referred. Blank forms for making up the journals under Un- well as some other orders, may be ordered printed bv the Clerk. House Bills on Second Reading. Upon the second reading of a bill, amendments are in order. The bill should he read at large, and the Speaker may then announce — The second r eliding of the bill. The bill is now ready for amendment, or to be ordered engrossed for a third reading. The bill having been printed and upon the members1 desks for three days (under the rules) prior to its coming up for second reading, it is a reasonable presumption that no member is taken by surprise. Whatever amendments the bill may be supposed to need should he carefully considered and prepared in writing before its second reading. CONSIDERATION OF BILLS BY SECTIONS. Consideration of Bills by Sections. The practice of the House for many year- has been to receive or propose amendments upon the second read- ing of a bill, but at the last session the House adopted a new order, w* Consideration of bills by sections/' These two orders are practically one and the same, and this additional order can only serve to retard, rather than facilitate business. The new order is, therefore, ignored. House Bills ox Third Reading. The most careful attention should be given to the third reading of a bill. The member is supposed to have before him in printed form the text of the bill. If the bill on its second reading was but slightly amended, the amendments only are afterwards printed, and not the bill as amended. The member will therefore note that the Clerk reads the bill according to the printed form in connection with the printed amendments. Er- ror- or misunderstandings may happen in the engross- ing of a bill, which, if attention is given, will be dis- covered on its third reading. If errors are discovered, or if there should be a mani- fest propriety or necessity of a further amendment to the bill, it should be re-committed to a committee for such amendment, and when reported back should again engrossed and the amendments printed. At the conclusion of the reading of the bill, the Speaker will announce — The third reading of the bill. The question is, M Shall the bill If no motion in arrest of further proceedings be made, the Speaker will continue — Aj your names are called, those in favor of the passage of the bill will &a\ Ayet and those opposed will sav .V The Clerk will call the roll. * If the bill be one expressing an emergency requiri it to go into immediate effect, the Speaker will give notice accordingly. 42 RULES OF PROCEEDING. The footings will be made by the Clerk, and the roll passed to the Speaker, who will declare the result, as follows : Gentlemen : The yeas are — , and the nays are — . A majority of all the members elected to this House having voted for the bill, it is passed. If the bill be one expressing an emergency for im- mediate effect, the Speaker will change the above to say — Two-thirds of the members elected to this House having voted for the bill, it is passed. If the vote on an emergency bill be a majority, and less than two-thirds, the Speaker will say — This bill having received the votes of a majority of the mem- bers elected to this House, but of less than two-thirds thereof, under the rules it is deemed reconsidered, and subject to amend ment by striking out that which relates to an emer^encv. A member will then make the necessary motion, and, being carried, the bill will again stand on its third n inF; The Constitution requires all amendments to be printed, but the practice of the House has been not to print an amendment merely to strike out, assuming that if stricken out there is nothing to print. While there may be a difference between striking out an emergency clause, and words that were intended to be a part of the statute, the practice is of doubtful constitutionality, to say the least, and should be authoritatively settled in both in- stances to avoid future complications or litigations. Senate Bills ox First Reading. There is no difference in the procedure between House and Senate bills in their first reading. There should be enough interest in the subject matter of the bill for members to form an idea of the proper commit- tee to which they should be referred, and direct them accordingly. Senate Bills on Second Reading. When a Senate bill has been read a second time, the next action is to order it to a third reading. Senate bills SENATE BILLS ON THIRD READING. 43 are not engrossed by the House. If amendments have been recommended by a committee, they should be con- sidered on the second reading of the bill. Amendments by the House are in order on its second reading. All amendments to the Senate bill should be attached by a pin to the bill, and folded with it. The bill itself should not be interlined, erased, or changed in any manner by the House. All amendments to Senate bills, whether proposed by a committee, or offered in the House, should go upon the journal. Senate Bills on Third Reading. A Senate bill on third reading should be read as amended, if amendments have been made. The bill not having been interlined, changed or erased, the Clerk must exercise care in reading so as to bring in the amend- ments in their proper places. The passage of the bill is in like form to that of a House bill. A bill having once passed both Houses cannot be altered or changed, but the title may be changed or amended immediately after the passage of the bill. Senate Messages Other Than Bills. These relate to resolutions, amendments or miscella- neous subjects. If the message be a joint resolution asking for the concurrence of the House, the resolution will be read, and the question will be — Shall the House concur in the passage of the resolution? The Speaker may then say — < rentlemen: As many as are of the opinion that the resolution should pass will say, Ay* . The affirmative vote being taken, the Speaker will then ^ay — A- many as are of a contrary opinion will say X<>. The Speaker will decide in the affirmative or nega- tive, according to his best judgment of the vote. If affirmative, he will say — The Aye> have it, and the resolution is passed. 44 RULES OF PROCEEDING. If negative, he will say — The Noes have it, and the resolution is lost. If a division be called for, the Speaker will say — Gentlemen: As many as are of opinion that the resolution should pass will please rise, and remain standing until counted bv the Clerk. The Clerk will then count, and note the number, and communicate the same to the Speaker, who will pro- ceed in like manner to put the vote in the negative. The Clerk having made the count, the Speaker will say — The Ayes are — and the Noes are — . The resolution is . If the message be an amendment to a House bill, the vote should be by yeas and nays. Immediately upon the final action on any measure coming from or going to the other House, or as BOOH a- may be practicable, a message should be prepared, and the other House notified of such action. R I SOLUTIONS. In the early part of the session resolutions relating to the organization or equipment of the House are quite numerous. Under this order of business, it is the privi- lege of any member who can secure the floor to offer a resolution. No money can be drawn from the public treasury on the authority of a resolution, but :a joint reso- lution may direct the Auditor to draw a warrant pay- able out of an appropriation already made by law. All joint resolutions must be certified by the presiding officer in each House, and published with the laws at the close of the session. Calling of the Roll. In the calling of the roll, members should appreciate and duly consider the position of the Clerk. His eyes are upon the roll, and not upon the members of the House. He calls a name, and expects to hear a response at the seat occupied by the member. If the member is away from his seat, in some other part of the House PRINTIN BILLS \xn VMENDMENTS. [K during roll-call, as is too often the case, the Clerk is not certain the right member lias responded, and lie is obliged to cast his eyes about the house to make it sure. A member's name is sometimes called, and the member is busy or thoughtless, and fails to respond, and the Clerk passes to the next name; the member then sud- denly becomes aware that his name has been called and hurriedly responds about the same time the subsequent member responds, and thus the Clerk is contused with two responses to the same name. If the subsequent member should happen to be absent, the Clerk hearing- hut one response, would, of course, mark the response to the absent member, unless he knew him to be absent. The obvious necessity ot giving due attention, and responding promptly and sufficiently loud to the roll- call, is thus made apparent. If, through any inadvertance, a member has not voted and desires t<> vote, at the end of the call he will rise and address the Speaker; and, being recognized, will make known his request to have his name called. If a member desires to change his vote he has the privilege of doing so before the result is announced, but gentlemen should remember that the Speaker can recognize but one member at a time. The yeas and nays are required upon the final passage of a bill, and upon all other questions only upon the de- mand of five members. No member is allowed to be at the Clerk's desk during roll-call. Printing of Bills and Amendments. The Constitution requires that each bill and all amend- ments thereto -hall be printed before the vote i- taken on it- final passage. The rule i-, when a bill ha- been re- ported favorably by a committee, for the Clerk, without further instruction, to or ler printed three hundred copies for the use of the House. The Senate order- a like number. Upon the adoption of any amendment to a bill the Clerk will, in like manner, order the printing of three hundred copies. When a bill is to be printed, the Clerk should write out on a separate paper the -e\ ly had on the bill, and pin the paper to the — 1)2 46 RULES OF PROCEEDING. head of the bill, as copy for the printer. It ought not to be pasted, and ought not to be separate from the bill, hence finning is found to be a practicable mode. These orders run somewhat as follows: JAN. 1877. HOUSE - NO. 1. 30TH ASSEMBLY. Introduced by Mr. Smith, Jan. IO. Read a first time, a /id referred to Committee Corporations^ Jan. n. Reported back Jan. 12. When the bill comes hack printed, this paper which has served as copy is detached, and the bill is filed in its appropriate place*. The requisite number of the printed bills are put in the postoffice boxes of the members, and the balance are kept in the Clerk's room on shelves arranged for that purpose. When a bill passes the House, all printed copies in the custody ol the Clerk are turned over to the Secretary of the Senate. The Si tary of the Senate, in like manner, turns over to the Clerk of the House the printed Senate bills. If there be less than one hundred and fifty copies of a Senate bill, the Clerk will immediately order three hundred more to be printed for the use of the House. When an amendment is printed, the title of the bill to which it is an amendment, and all previous orders, in- cluding the date of the adoption of the amendment, should be printed with the amendment. The Clerk is furnished with blank orders to print. These are properly filled, and the bill and order is livered at the office of the Secretary of State, and re- ceipts are given for each bill. Call of the Housk. If any member has reason to believe that there is not a quorum present, it is his privilege to move a call of the House, and no other business is then in ordei until a count has been made by calling the roll, and the number absent verified. Upon an order for a call of the House the Doorkeeper will take charge of the entrances to the hall and allow no person to enter or depart until pro- ( OMM ITTE1 S, 17 ceedings under the call are suspended or dispensed with. The Clerk will note on his journal the names of the ab- sentees, and not the names of those present. If it be ascertained that a quorum i^ present, a motion should then he made that further proceedings under the call be dispensed with, and the pending husiness mav then be resumed. If there he not a quorum present, then the absentee^ may he called, and the number present being still below a quorum, the House may direct its Door- keeper to proceed to the lobbies or elsewhere and arrest absent members and bring them before the bar of the House. Excuses for absence should not be heard until a quorum is readied, and then the House may censure or rebuke delinquent members according to their judg- ment Before the business of the House is resumed, a motion should be made that further proceedings under the call be dispensed with, and the Doorkeeper will then release the door. Fifteen members mav adjourn from time to time, and they are authorized to compel the at- tendance of absent members. Committees. A>> soon after the organization of the House as may he practicable, the Speaker will appoint the standing committees. The list of committees published elsewhere me times varied from. A new committee may be agreed upon, or an old one dispensed with. The per- son first named, as a matter of courtesy, is accepted as e hair man. The chairman calls the meetings of the committee; he presides at all meeting-, and reports their proceed- to the House. When the chairman is absent, the ' member named on the committee will act as chair- man. The proceedings of the committee are not to he pub- I, ;t- they are of no force until confirmed by the ise. the leading committees are allowed a clerk, while two or three of the minor committees are grouped and a clerk assigned them. 48 RULES OF PROCEEDING. Committee of the Whole. Any bills or measures requiring detailed considera- tion, or which are calculated to excite much debate, should be referred to a committee of the whole House. The proceedings in the House are more restrained than they are in a committee of the whole House. The journal of all proceedings in the House must be kept, while the result only of the deliberations of the com- mittee of the Whole, which are embodied in a report. goes upon the journal. The House i^> sometimes en- gaged for days after the second reading of a bill, pro- posing and discussing amendments, and every motion and every amendment offered in the House is required to go upon the journal, while if the same were pro] in Committee of the Whole the journals would not be encumbered, but the essential points of the record would be preserved in the report. The Committee of the Whole is, therefore, an expedient to simplify business. No record is made of its proceedings, and it has no officers except of its own creation for temporary purposes. The Clerk, however, and all other officers remain to perform whatever duties the committee may rcquir them. The House may resolve itself into a Committee the Whole upon some particular bill, resolution, or ject, or it may go into Committee of the Whole upon the general file of bills. The motion will be — That the House do now resolve itself into Committee of the Whole upon {naming the subject). When the House resolves into Committee of the \\ nole, the Speaker will say — The gentleman from , Mr. , will take the chair. The appointed chairman advances to the Speaker*- desk, and, having taken the chair, receives from the Clerk the papers indicated by the motion for the com- mittee, when the chairman announces — Gentlemen: The Committee now have under consideration, etc. COMMITTEE OF THE WHOLE. 49 If it be a bill, the Chairman may then read the title, and hand the bill to the Clerk, and say — I will ask the Clerk to read the first section. The section being read, the Chairman may then say — Are there any amendments to tne first section? The consideration of the bill being completed, if it been amended, a motion may be made as follows: I move that the Committee do now rise and report the bill back to the House, and recommend its passage, as amended. A motion that the Committee rise is equivalent to a >n to adjourn, and is not debatable. No : tessage to the House can be received in Com- mittee of the Whole. If a message comes to the House,, while the Committee of the Whole is in session, the Speaker will take the chair, receive the message, and the Chairman will then resume the chair, and the business of the Committee will go on. The committee cannot act upon any other business. pt that which has been especially referred to it, and upon which it is then engaged. If the business under consideration is not completed, the committee may rise, report progress, and ask leave /am When sitting again upon the same business, the same chairman will preside. The chairman will recognize the body as a committee I as a House, saying — Is the committee ready for the question ? Th( noes cannot be called in committee of the whole, but a count may be ordered by rising or >n. ;iness be a file of bills, wl, is com- pleted, and further business is desired, the motion may That when the committee rise they report, etc. It any disorder ocdur, or a quorum be lacking, or a I ir which should be decidedby the House, and 50 RULES OF PROCEED; N not by a committee, the committee may rise, report the same to the House, receive instructions, and resume its session as a committee. When the committee lises, the Speaker resumes his seat, and the chairman, at his place on the floor, reports as follows: Mr. Speaker: The Speaker answers — Mr. Chairman : The chairman then reports The Committee of the Whole have had under Consideration {naming the subject) and have instructed me to report to the House that they have {note what action) and rtcommtml that the House concur in said action. The House will act immediately upon the report. Sin [AL ORD] A subject requiring special consideration is sometimes taken up, and a motion made that at a particular hour on the same or some other day it he made the "special order" lor that time. A motion of this kind I o equivalent to a suspension of the full thirds vote to carry. On the arrival of the houi apart for the consideration of the special order, the I ness then in hand is not thereby suspended, hut the Speaker may, if he sees fit, announce the arrival of the hour assigned for the consideration of the special order. A member may then move to postpone, or take up the special order, and a majority vote will carry. It no business is pending-, and the special order is called, it will require a two-thirds vote to postpone. If a special order is not taken up at the hour assigned, it is the next husiness in older after completing the pending order, and before proceeding to another regular order. If it laps another special order, the one first as- signed takes precedence. The Clerk should procure a convenient diary in which he should record all special orders, or any orders requir- ing attention at a given time in the future. COMMITTEES OF CONFERENCE. 5* Committees of Conference. A proposition for a conference must come from the House having possession of the papers, thus: A bill passed by one House is sent to the other for concurrence. It comes back amended. The originating House non-concur in the amendment. It is then com- petent for the originating House, before parting with the papers, to request a conference, a difference having arisen, and being a matter of record. It is more usual, however, before proposing a confer- ence, to communicate to the other House that its pro- 1 amendments have been rejected, that it may have opportunity to recede from its amendments. If the amendments are insisted upon, the House in- sisting may propose a committee of conference. If it does not propose a conference, but insists on its amend- ments, it may communicate the same to the originating House, and it only remains for it to recede or adhere also. If it adhere to its vote of non-concurrence the bill is deemed to be lost and cannot be revived. Throughout these proceedings, either House may amend amendments by the other House. A committee of conference may amend the whole bill, rejecting the amendments of both Houses, preserving, however, the main text of the bill, and the two Houses may concur by yeas and nays. If a committee of conference fail to agree, the bill is lost, unless recedence takes place. Messages from the Governor. The Governor*- messages received during the session, covering matters of general concern, or recommending Native action, are always receivable, and are usually allowed, except in pressing emergencies, to take their turn in the order of " Messages on the Speaker's desk." Me<-age^ communicating approval of bills arc received , and entered upon the journal without further action. A message communicating objections to a bill that has •d both Houses, is read at large as soon as received, entered on the journal, and take^ precedence of all other 52 RULES OF PROCEEDING. business, but may be made a special order with the bill to which it relates. If passed by a two-thirds vote in both Houses, the bill will become a law notwithstanding the objections of the Governor. The bill objected toby the Governor must be returned to the House in which it originated. If passed by a two-third vote, it must be sent, with the objections of the Governor, to the Other House. Any bill which shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, shall become a law, in like manner as if he had signed it, unless the General Assembly shall, by their adjournment, prevent it- turn; in which ease it shall be tiled, with his objections, in the office of the Secretary of State, within ten days after such adjournment, or become a law. The regular message delivered upon the assembl of the Legislature, may he referred to a special commit- tee, who shall take up the subjects treated of and dis- tribute the same among the several Standing Commit- tees and such select committees as may be deemed ex- pedient, subject to approval by the House. Appeals from the Chair. An appeal from a decision of the Chair brings under review, and opens to debate, the grounds of such de- cision. The Speaker has the right to assign reasons for a de- cision before the question is put on the appeal. The form of the question is, "Shall the decision of the Chair stand as the judgment of the House P1 Such decision, unless affirmed by a majority of the members present and voting, is reversed. The right of the Speaker to vote on affirming his own decision is unquestionable, but such right is usually waived. Adjournment. Neither House can adjourn beyond two days without consent of the other. Sundays and legal holidays are not considered as legislative days. Thus, either House may adjourn from Friday to Tuesday, or from Thurs- day to Monday. INVESTIGATIONS. 53 A motion to adjourn is not debatable, neither is it sus- ceptible of amendment. A motion to adjourn should be — That the House do now adjourn. If the motion carries, the House stands adjourned un- til the next regular hour of meeting on the next day. An adjournment for dinner is deemed merely, in par- liamentary practice, a temporary suspension of business, or a recess. A motion for a recess has nothing of the peculiar character which belongs to the motion to ad- journ. In case of a disagreement between the two Houses with respect to a final adjournment, the Governor may, on the same being certified to him by the House first moving the adjournment, adjourn the General Assembly to such time as he thinks proper, not beyond the first day of the next regular session. A motion to adjourn is always in order, except when it was the last motion voted on. Investigations. When a member dfjems that the public interests may be subserved by an official investigation of a matter in- volving public concerns, he may secure the adoption of a resolution authorizing the appointment of a com- mittee to take the subject in charge. The resolution Should be so drawn as to state the precise subject to be investigated, and if it be necessary to the investigation, power may be conferred in the resolution to send for >ns and papers. The form of a subpoena is as fol- low THE STATE of ILLINOIS To : You are hereby commanded, that, la\ lllj Appear and attend Del a committee Appointed under a resolution -. t<> fenvestijcRte, H01 • the r<>om of vaid committer *r*, as on the day of . 1H77, at o'clock - M , then ore, and from time t required I testify _- re evidence upon th * matters ofinqu:r> (Ommlttee* f fajl not, under penalty in i<- 1. D at the ;'ive Chamber, in th*- - .-P.» Id. in the Stale aforesaid, this day of A I). MH , Speaker Hoqse ■ - ■ Attest: , Clerk H • ntatives. 54 RULES OF PROCEEDING. In case of a refusal to appear, or a refusal to testify, the same may be certified to the Speaker by the chair- man of the investigating committee, as follows : Speaker Of the House of Represent at'< -, chairman of the commit ee appointed to investigate , do hereby certify that has been only miopoenaed t<> Appear before paid comm ttee, as will fully appear by the writ sei red, and certificate of service accompanying the fame, on file with the Clerk of the Ilou-e. I furth< lify that said has faile-J to appear before paid committee, nccoruing to the mandate of said BUI poena. Dated Springfield, Chairman. The above should be reported to the Speaker, wh< authorized to issue a wan ant for the arrest of the delin- quent witness, which may be as follows: STATE OF ILLINOIS. To the Doorkeeper Of tfu House of Representatives: It appearing that a writ ol subpoena, dire. Med to , commanding him to personally appear ana attend before Me-ars. , a comroittt< pointed under a resolution of the Hon-" oi Representatives to investigate , at the room of said committee, In the city oi Springfield, the capital of lhe State, the day of , A. I). 18 . at" the hour of in the room, then and there, and from time to time, as required by raid com- mittee, to testify and give evidence upon the matter of Inquiry helord said committee, has been Issued, and that the said writ of subpoena was duly and personally nerved upon tin- said on the day Of . \. I). 187 . as provided in section six of "Ah act to revise the law in relation to the General A^embly," approved and In force February S , 1874, and it fur- ther appearing by ths certificate of the chairman of said committee that the said — has failed or neglected to appear before the said committee in obedience to the mandate of the said subpoena; therefore* you are hereby commanded, in the name of the State of Illinois, to take the body ol him, the said •, and brin^ him before the House of Representatives, SO that he may testify and give evidence before tie.' said committee, and an** his contempt of the House or Representative?, in no: obeying t ho mandate of said subpoena. Hereof lail not. Given at the Chamber of the House af Representatives, in the citv of Springfield, this day of , A. 1). 187 . , speaker Bouse of Repres , Clerk House of Representau To which the Doorkeeper may make return in the following form : By virtue of the within process, I did. on the day of . 187 , ar- rest the body ol , and I now have him before the House of Rep: atives. , Doorkeeper. The offender may then be subjected to interrogatory as follows: 7nt. i. Why did vou not appear before the investigating com- mittee, as required by the mandate of subpoena, served upon you on the day of , the present month. INVESTIGA1 ION. 55 If the offence be for not testifying when before the committee, the interrogatory will be as follows: ////'. 2. Why did you not answer the question asked of you on the — inst by the chairman oi the committee charged toinvesti- etc. To which the offender pleads before judgment is inflicted. In case the answer is satisfactory, the offender is dis- charged; if otherwise, he is punished by imprisonment during the time he remains in contempt, but not beyond the adjournment of the General Assembly. The interrogatories propounded to the offender will be reduced to writing, and his answers thereto, and en- 1 upon the journal. If the offense be for refusing to answer a question or stions, the chairman of the investigating committee, in his report to the House, will certify the questions which the offender refused to answer. A resolution declaring the offender to be in contempt he next proceeding. If for refusal to answer, the following form may be used, and varied to suit other offences : Resolved. That the refusal of to answer the questions put to him by the chairman or' the committee to investigate . on the inst., and which question* were certified to ihe Hou-e by the said chains now in writi lie with the Clerk of this House, be, and the eame is herel a contempt of this House. The report of a committee on investigation should con- of three pari i. The testimony taken. 2. A statement of the facts proven thereby, or con- clusions derived therefrom. -. or a bill providing for the action h the committee deem proper to be taken in the pre 56 GENERAL RULES. GENERAL RULES GOVERNING PARLIAMENTARY PRACTICE Strict adherence to Rules <>f Proceeding is necessarj to order, decency and regularity in a dignified public body. Members are exempted from question here foi anything said in their own House. They arc not to be detained on execution, nor impleaded, cited or subpoenaed in any court. It is a breach of order for the Speaker to refuse to put a question which is in order. Members are not to take notice of any bills or Other matters depending, or of votes that have been given, or of speeches which have been made in the other House, until the same has been communicated to them in the usual parliamentary manner. Each House is the judge of the election, returns and qualifications of its own members. When a committee is charged with an inquiry, if a member prove to be involved, they cannot pro, against him, but must make a special report to the House. Common fame is a good ground for the House to pro- ceed by inquiry, and even to accusation. When any person is examined before a committee, or at the bar of the House, any member wishing to ask the person a question, must address it to the Speaker or PARLIAMENTARY PRACTICE, 57 - — - -~i" .1 . , Chairman, who repeats the question to the person. The Speaker may permit the person to be questioned. When a member speaks, he is to stand up in his plaee and address the Speaker, and not the House or any par- tie ular member* No person in speaking is to call a member then pres- ent In- his name, but may designate him bv his county, or "the gentleman who last spoke," or, " on the other side of the question." The consequences of a measure may be reprobated in strong terms, but to arraign the motives of those who propose to advocate it, is a personality and against order. If repeated calls do not produce order, the Speaker may call by his name any member obstinately persisting in irregularity. Disordeilv words spoken in the House may be taken down by the Clerk at the request of a member, and the member may then explain, justify or apologize. If the House is satisfied, no further proceeding is necessary, but if the members insist on taking the sense of the House, the member must withdraw before further action is taken. A question of order may be adjourned to give time to look into precedents. In filling up blanks the largest sum and longest time shall be first putv The number prefixed to the section of a bill being merely a marginal indication, and no part of the text of the bill, the Clerk may regulate it. A question is to be put first on the affirmative and then on the negative. After a bill has passed^and iret before, the title maybe amended. No motion for reconsideration on any bill or paper which has gone out of the possession of the House is in order. One of tile powers incidental to a legislative body is that of obtaining all information which may he n< — Ej 58 GENERAL RULES. sary to enable it to act efficiently, thoroughly, and pro- perly in the exercise of its various functions. The sense of the House may be taken by common consent. If no member dissents, then the matter is or- dered without putting the question in any other form. If improper or disorderly words be spoken in the House, the proper time for interference is immediately upon the expressions being made, and not at a subl- ine nt time. On a division or a count of the House, if a question arises, or a difficulty occurs, the Speaker must decide it " peremptorily ;" the division over, and a result ascer- tained, the decision may then be revised by tin- House and corrected, if irregular, even to a new division. In a count of the House no member not in his should be counted, While a committee is in being and in the discharge of its functions, nil incidental reference to it or its proceed- ings is irregular. It is irregular for a committee to be in session during the sitting of the House, unless by express leave or di- rection of the I louse. If, in consequence of the allowance or disallowance of votes, the majority ir thereby changed, and the deci- sion of the House i- reversed, all the subsequent pro- ceedings become nidi and void. It is not in order to reflect upon, argue against, or in any manner call in question, in debate, the past act- <>: proceedings of the House. When a question is taken bv yeas and nays, the ques- tion is open for debate until, after having been stated by the Speaker, the Clerk has proceeded to call the roll, and one member at least has answered to his name. A motion to strike out the enacting clause of a bill is equivalent to a motion to strike out every section thereof. Members should speak standing in their places, but this rule will admit of exception by the indulgence of the House. ELECTION OF SENATOR. sjO, LAWS RELATING TO THE LEGISLATURE. AN ACT To regulate the times and manner of holding elections for Senators in Congress* Be it enacted by the Senate and House of Representa- tives o( the United States of America in Congress assembled, That the Legislature of each State which shall he chosen next preceding the expiration of the time for which any Senator was elected to represent said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress, in the place of such Sena- tor so going out of office, in the following manner: Each Hou^e shall openly, by a viva voce of each mem- ber present, name one person for Senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of - cast in each House shall be entered on the journal of each House by the Clerk or Secretary thereof; but if either House shall fail to give such majority to any per- son 011 said day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two Houses shall convene in joint assembly and the journal of each House shall then be read, and if the ^ame person shall have received a majority of all the votes in each House, such person shall be declared duly elected Senator to represent said State in the Con. f the United States; but if the s person ^h;il 1 not have received a majority of the J8 in each House, or if either House shall have failed to take the proceedings as required by this act, the joint mbly shall then proceed to choose, by a viva of each member present, a person for the purpose Oo GENERAL \SSEMBLY, aforesaid, and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock^ meridian, of each succeeding day during the session of the Legisla- ture, and take at least one vote until a Senator shall he elected. SECTION 2. And be it further enacted, That when- ever, on the meeting of the Legislature of any State, a vacancy shall exist in the representation of such State in the Senate of the United States, said Legislature shall proceed, on the second Tuesday after the commence- ment and organization of its session, to elect a person to fill such vacancy, in the manner hereinbefore provided for the election of a Senator for a full term; and if a vacancy shall happen during the session of the Legisla- ture, then on the second Tuesday after the Legislature shall have been organised and shall have notice of such Vacancy. SECTION 3. And be it further enacted, That it shall be the duty of the Governor of the State from which any Senator shall ha\e l^ccn chosen as aforesaid to certi- fy his election, under the seal of the State, to the Presi- dent of the Senate of the United States, which certifi- cate shall be countersigned by the Secretary of State of the State. Approved July 25, 1S66. AN ACT To revise the taw in 7'clation to the General Assonbh, § 1. Be it enacted by the People of the State of Illi- nois^ represented i?i the Ge?ieral Assembly \ That the sessions of the General Assembly shall be held at the GENERAL ASSEMBLY. 6l seat of government: Provided, that the governor may convene the General Assembly at some other place when it is necessary, in case of pestilence or public dan- ger. 8 2. Every officer of each house ot the General Assembly shall, before entering upon the duties of his office, take and subscribe the following oath, which shall be tiled with the Secretary of State: 1 do solemnly swear »or affirm, as the case may bet that I will support the constitution ot the United states, and the constitution of the state of Illi- nois and that I will faithfully discharge the duties of the office of according to the best of my ability. J 3. The secretary of the senate and clerk of the house of representatives, at the close of each session of the general assembly, shall deliver to the secretary of state all books, bills, documents and papers in the possession of either branch of the general assembly, correctlv la- beled, folded and classified, according to the subject matter of such documents respectively; and the secre- tarv of state shall preserve the same in his office. The secretary of state shall cause the journals of the senate and house of representatives to be securely bound in volumes of convenient size, to be kept in his office. § 4. The presiding officer of each house, and the chairman, or any member of any committee appointed by either house, or of a joint committee appoinied by the two houses of the general assembly, may administer oaths and affirmations to witnesses called before such house or committee for the purpose of giving evidenee touching any matter or thing which may be under the consideration or investigation of such house or com- mittee. £ 5. In all cases of trials of impeachment, or other trials before the senate, the president, secretary, or any member of the senate, shall have power to administer oaths or affirmations to the members, witnesses, or any other person required to be sworn. 6. Any person may be compelled, by subpena, to appear and give testimony as a witness, and produce papers and documents before either house or a commit- tee thereof, or a joint committee of both houses. The subpena ^hall be signed by the presiding officer of the — F 62 GENERAL ASSEMBLY. house or the chairman of the committee before whom tli9 witness is to appear, and may he served in the same manner as suhpenas from courts of record. But the testimony of a witness examined and testifying before either house of the general assembly, any committee of either house, or any joint committee of the two bouses, shall not be used as evidence in any criminal proceed- ings against such witness in any court of justice: / vided, that no official paper or record produced by Mich witness on such examination shall he held or taken to he included within the privilege of said evidence so ;i- to protect such witness from any criminal proceed ill aforesaid, and no witness shall hereafter he allowed to refuse to testify to anv fact, or to produce any paper touching which he shall he examined by either house, or by anv of the said committees, for the reason that his testimony touching such fact, or the production of such paper, may tend to disgrace him or render him infamous- Provided, further, that nothing in this act shall he con- strued to exempt any witness from prosecution and pun- ishment for perjury committed by him in testifying as aforesaid. § 7. Any witness neglecting or refusing to appear when duly suhpenaed, or to testify, or to produce papers and documents before a committee of either house, or ;i joint committee of both houses, may be arrested, by warrant under the hand of the presiding officer of the house appointing the committee, or in case of a joint committee, under the hand of the presiding officer of either house, and taken before the house, and there com- pelled to give testimony or produce such papers and documents. § S. Whoever, being served with a subpena to ap- pear as a witness, or to produce any paper or document before either house of the general assembly, or any com- mittee thereof, or a joint committee of both houses, shall neglect or refuse to so appear, or to produce any such paper or document, or having appeared, either with or without subpena, shall neglect or refuse to be sworn or to testify, or to produce any papers or documents when lawfully required so to do, shall be guilty of a misde- GENERAL ASSEMBLY. 63 meanor, and fined not less than $3 nor more than $200. This section shall not be construed to affect the right of either house of the general assembly to compel the at- tendance of any person as a witness, or to punish for disorderly or contemptuous behavior in its presence. I 9. The manner of effecting imprisonment of any person by either house for disorderly or contemptuous behavior in its presence, shall be by a warrant, under the hand of the presiding officer for the time being of the house ordering the imprisonment, countersigned by the acting secretary or clerk, running in the name of the People of the State of Illinois, and may be directed to the scrgeant-at-arms or doorkeeper of the house, or to the sheriff or any constable of the county in which the general assembly is convened, commanding him to com- mit the prisoner to the county jail, and deliver him to the keeper thereof, and the jailer to receive him into his custodv and safely keep him for the time for which he is committed, or until he is duly discharged. g 10. If the person is committed for a refusal to answer any question put to him as a witness, or to obey an order of the house, the warrant may direct that the person be returned to the house at a time stated therein, not exceeding twenty-four hours from the time of com- mitment, or it may direct that he be imprisoned until he shall signify his willingness to obey the requirements of the house, at which time he shall be returned to the house bv the person having him in custody: Provided, that no person shall be so held beyond the time of the adjourn- ment of the general assembly. (See Const., art. 4, £ 9.) g 11. The punishment of any person, by cither house, for disorderly or contemptuous behavior in its presence, shall not be a bar to any other proceeding, civil or crimi- nal, for the same offense. ^ 1 2. Whoever, bv any noisy, disorderly or unseemly conduct, either in 01- about the state house or place where either house of the general assembly is convened, dis- turbs the deliberations of either house, shall be fined no! than $*j nor more than $100, and in default of pay- men] Shall stand committed to the county jail until the 64 GENERAL ASSEMBLY. fine and costs are paid, or he is discharged according to law. £ 13. The sergeant-at-arms of the senate and his assistants, and the doorkeeper of the house of representa- tives and his assistants, shall serve such process and exe- cute such orders as may be enjoined upon them by their respective houses, shall maintain order among spectators admitted into the rooms in which the respective hoi hold their sessions, and take proper measures t<> prevent interruption of either house, and may arrest, with or without warrant, any person committing any offense created by this act, or by any law for the protection of the state house or any of its grounds or appurtcna! or guilty of any breach of the peace in or a' out the state house or public grounds connected therewith, and con- vex- any such offender before a proper magistrate for trial; and for such purpose they shall have the same authority a^> i^ granted t<> sheriffs. Approved and in force February 25, 1S7 |. AN ACT To fix the compensation of the members^ officers ami employes of tlic general assembly* £ 1, omitted. £ 2. Until otherwise provided by law, the compen- sation of the several officers and employes of the general assembly shall be the same sum per day for each day's actual service as was paid at the firsl session oi the twenty-seventh general assembly, to be certified by the speakers of the two houses. [See L. 1S71-2, p. 124.] s< 3. The auditor of public accounts shall draw his warrants upon the treasurer in favor of the several mem- bers, officers and employes of the general assembly, upon properly certified pay-rolls, as the same shall from time to time become due. Approved and in force June 14, 1S71. L. 1S71-2, p. 1 2J. STATE LIBRARY. 65 AN ACT To revise the law in relation to tlic State Library. ^ 1. Be it enacted by the People of t lie State of IIH- . represented in the General Assembly, That the governor, secretary of state and superintendent of pub- lie instruction shall constitute the board of commission- ers for the management of the state library, of which board the governor shall be president. [L. 1S67, p. 28, § I. § 2. Said commissioners shall have power to make and carry into effect all such rules and regulations for the care, arrangement and use of the books, maps, charts, papers and furniture of the state library as they may- deem proper. [L. 1S67, p. 28, § 1.] g 3, The secretary of state shall be librarian, and shall have the custody and charge of all books, maps, charts, papers and other things belonging to the state library, or directed to be deposited therein. [R. S. g 4. The librarian shall prepare a complete alpha- betical catalogue of the library, number the books therein, and report the same to the commissioners, who shall cause the same to be published for the use of the library. [L. 1S65, p. S7, § 2. .^ 5. The librarian shall cause each book in the library to be labeled with a printed label, to be pasted on the inside of the cover, with the words "Illinois State Library," and the number of the volume in the catalogue of said library, and also write the same words at the bottom of the tenth page of each volume. All is that may hereafter be added to the library shall be labeled in the same manner, and entered on the cata- ie immediately on their receipt, and before they can be taken out, ). Books mav be taken from the state library by the members and officers of the general assembly during the session of the legislature, and at any time bv the governor and the officers of the executive department ot 'ate, who are required to keep their offices at the of government, and the justices of the supreme 66 STATE LIBRARY. court. But no person shall be allowed to take any book or property from the state library without executing a receipt therefor, nor to take or retain from the library more than two volumes of miscellaneous works at any one time. [R. S. 1845, P- 34°' § 3* £ 7. The librarian shall cause to be kept a register of all books issued and returned, with the dates they are so issued and returned, and no book, except the laws journals and reports of this state, which may be taken from the library by members or officers of the legisla- ture during the session, shall be retained more than two weeks, and all books of every kind so taken shall he re- turned at the close of the session. [ R. S. 1845, P* 34°- 8 4- §8. If any person fails to return any book taken from the library within the time prescribed in the fore- going section, or injures tiie same, he shall forfeit and pay to the librarian, for the benefit of the library, three times the value of such book, or of the set to which it belongs; and before the auditor shall issue his warrant in favor of any member or officer of the general assem- bly for his services during the session, he shall be - fled that such member or officer has returned all books taken out of the library by him, and has settled all ac- counts for injuring such books or otherwise. [R. S. i845> P- 34°> § 5- g 9. All fines and forfeitures accruing under and by virtue of this act, or for the violation of any of the rules adopted by the library commissioners, shall be recover- able by action of debt before any justice of the peac court having jurisdiction of the same, in the name of the People of the State of Illinois, to the use of the state library, and may be expended under the direction of the library commissioners. In all such trials, the entries of the librarian, made as hereinbefore prescribed, shall be evidence of the delivery of the bt>ok and of the date of such delivery; and it shall be his duty to carry the pro- visions of this act into effect, and to sue for all injuries done to the library, and for all penalties under this act. [R. S. 1845, p. 340, §6. Approved February 25, 1S74. In force July r, 1874. STATE LIBRARY. 67 RILES OF THE STATE LIBRARY. Books may be taken from the State Library by the members of the General Assembly and its officers, du- ring the session of the Legislature, and at any time by the Governor, and the officers of the Executive Depart- ment of this State, who are required to keep their offices at the seat of government; the Justices of the Supreme Court, and officers thereof. No person shall be permitted to take or detain from the Library more than two volumes of miscellaneous works at the same time. Xo miscellaneous work shall be detained more than two weeks. All Laws. Journals, etc., taken by mem- bers of the Legislature, to be returned at the close of the session. If any person injures, or fails to return any book taken from the Library, within the time above men- tioned, HE SHALL "FORFEIT AND PAY TO THE LIBRARIAN for the benefit of the Library, THREE TIMES THE VALUE THEREOF, or of the set to which it belongs. Any person not above mentioned, who takes books or other articles from the State Library, without the con- sent of the Librarian, will be prosecuted for larceny, without distinction of persons. Any person taking books from State Library without reporting the same to the Librarian, or assistant, and causing the same to be properly charged upon the regis- ter, will be prosecuted to the extent of the law. No entry of charges or return of books will be per- mitted to be made, except by the Librarian or assistant. Pei sons using books of the Library, will return the some to their proper places, upon penalty of being denied the privileges of the Library. GEO. H. HARLOW, Secretary of Stons, houses, papers and effects against unreasonable searches and seizures, shall not be violated; and no war- rant shall issue without probable cause, supported by affidavit, particularly describing the place to be searched, and the person or things to be seized. .^ 7. All persons shall be bailable by sufficient sure- tie^, except for capital offenses, where the proof is evi- — F2 70 CONSTITUTION OF ILLINOIS. dent or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. § S. No person shall be held to answer for a crimi- nal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprison- ment otherwise than in the penitentiary, in cases of im- peachment, and in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger; Provided^ that the grand jury may be abolished by law in all cases. £ 9. In all criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusa- tion, and to have a copy thereof; to meet the witnesses face to face, and to have process to compel the attend- ance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. § IO. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy fol the same offense. § 11. All penalties shall be proportioned to the na- ture of the offense; and no conviction shall work cor- ruption of blood or forfeiture of estate; nor shall any person be transported out of the State for any offense committed within the same. v< 12. No person shall be imprisoned for debt, unless upon refusal to deliver tip his estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases where there is strong presumption of fraud. § 13. Private property shall not be taken or dam- aged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, without con- sent of the owners thereof, shall remain in such owners, subject to the use for which it is taken. § 14. No ex post facto law, or law impairing the CONSTITUTION OF ILLINOIS. ^ I obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed. £ 15. The military shall be in strict subordination to the civil power. J 16. No soldier shall, in time of peace, be quar- tered in any house without the consent of the owner; nor in time of war except in the manner prescribed by law. £ 17. The people have the right to assemble in a peaceable manner to consult for the common good, to make known their opinions to their representatives, and toapply for redress of grievances. J 1 S. All elections shall be free and equal. J 19. Every person ought to find a certain remedy in the laws for all injuries and wrongs which he may receive in his person, property or reputation; he ought to obtain, by law, right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay. S 20. A frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of Hberty. ARTICLE III. Distribution of Powers. The powers of the Government of this State are divided into three distinct departments — the Legislative, rutive and Judicial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others eptas hereinafter expressly directed or permitted. ARTICLE IV. Legislative I ) bpa r t m b \ r . g 1. The legislative power shall be vested in a General Assembly, which shall consist of a Senate :\nd House of Representatives, both to be elected by the people. I2 CONSTITUTION OK ILLINOIS. Elections. § 2. An election for members of the general assembly shall be held on the Tuesday next after the first Monday in November in the year of our Lord one thousand eight hundred and seventy, and every two years thereafter, in each county, aa such places therein as may be provided by law. When vacancies occur in either house, the governor, or person exercising the powers of governor, shall issue writs of election to fill such vacancies. Eligibility and Oath. 8 3. No person shall he a senator who shall not have attained the age of twenty-five years, or a representa- tive who shall not have attained the age of twenty-One years. No person shall he a senator or a representative who shall not he a citizen of the United States, and who shall not have been for five years a resident of Mis State, and for two years next preceding his election a resident within the territory forming the district from which he is elected. No judge or clerk of any court, secretary of state, attorney general, state's attorney, re- corder, sheriff, or collector of public revenue, member of either house of congress, or person holding any lucrative office under the United States ( r this State, or any foreign government, shall have a seat in the gen- eral assembly: Provided^ that appointments in the militia, and the offices of notary public and justice of the peace, shall not be considered lucrative. Nor shall any person, holding any otfice of honor or profit under any foreign government, or under the government of the United States, (except postmasters whose annual com- pensation does not exceed the sum of $300,) hold any office of honor or profit under the authority of this State. § 4. No person who has been, or hereafter shall be, convicted of bribery, perjury or other infamous crime, nor any person who has been or may be a collector or holder of public moneys, who shall not have accounted for and paid over, according to law, all such moneys due COKSTITUTIOX OF ILLINOIS. 73 from him, shall be eligible to the general assembly, or to any office of profit or trust in this State. 8 v Members of the general assembly, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: •I do solemnly swear (or affirm) that I will support the Constitution of the United Stales, and the Constitution of the State of Illinois, and will faith- fully discharge the duties of senator tor representative) according to the best Ability; and that I have not. knowingly or intentionally, paid or con- tributed anything, or mule any promise in the nature of a bribe, to directly or iudir sctly iufluence any vote at the election at which I was chosen to till . office, and have not accepted, nor will I accept or receive, directly or indirectly, any m mey or other valuable thing, from any corporation, com- pany or person, tor any vote or influence I may give or withhold on any bill, ntion or appropriation, or for any other official act.'1 This oath shall be administered by a judge of the supreme or cireuit court, in the hall of the house to which the member is elected, and the secretary of state shall record and file the oath subscribed by each mem- ber. Any member who shall refuse to take the oath herein prescribed, shall forfeit his office, and every mem- ber who shall be convicted of having sworn falsely to, or of violating, his said oath, shall forfeit his office, and be disqualified thereafter from holding any office of profit or trust in this State. Apportionment — Senatorial. 6 6. The general assembly shall apportion the State every ten years, beginning with the year 1871, by dividing the population of the State, as ascertained by the federal census, by the number 51, and the quotient shall be the ratio of representation in the senate. The senators elected in the year of our Lord 1872, in dis- tricts bearing odd numbers, shall vacate their offices at the end of two years, and those elected in districts bear- ing even numbers, at the end of four years; and vacan- occurring by the expiration of term, shall be filled by the election of senators for the full term. Senatorial di-trirts shall be formed of contiguous and compact ter- ritory, bounded by county lines, and contain as nearly as practicable an equal number of inhabitants; but no dis- trict shall contain le^s than four-fifth of the senatorial ratio. Counties containing not less than the ratio and — G 74 CONSTITUTION OF ILLfffCHSu three-fourths, may be divided into separate districts, and shall be entitled to two senators, and to one additional senator for each number of inhabitants equal to the ratio, contained by such counties in excess of twice the number of said ratio. Minority Represj STATION. 88 7 and 8. The house of representatives shall con- sist of three times the number of the members of the senate, and the term of office shall be two years* Three representatives shall be elected in each senatorial district at the general election in the year of our Lord i and every two yens thereafter. In all election representatives aforesaid, each qualified voter may cast as many votes for one candidate as there are representa- tives to be elected, or may distribute the same, or equal parts thereof, among the candidates, as he shall se< and the candidates highest in VQtes shall be deci. elected. Time of Meeting and Gknjbral Ruju § 9. The sessions of thegeneral assembly shall com- mence at 12 o'clock noon, on the Wednesday next after the first Monday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this constitution. A majority the members elected to each house shall constitute a quorum. Each house shall determine the rules of its proceedings, and he the judge ^t the election, returns and qualifications of ils members; shall choose its own Officers; and the senate shall choose a temporary presi- dent to preside when the lieutenant governor shall not attend as president or shall act as governor. The secretary of state shall call the house of representatives to order at the opening of each new assembly, and pre- side over it until a temporary presiding officer the shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of two-thirds of all the members elected to that house, and no member shall be twice expelled for the same offense. Each house may punish by imprison- ment any person, not a member, who shall be guilty of CONSTITUTION OF ILLINOIS. ysj disrespe:t to the house by disorderly or contemptuous behavior in its presence. But no such imprisonment shall extend beyond two hours at one time, unless the m shall persist in such disorderly or contemptuous behavior. g 10. The doors of each house and of committees oi the whole, shall be kept open, except in such* cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn nore than two days, or to any other place than that in which the two houses shall he sitting. Each house shall keep a journal of its proceedings, which shall he published. In the senate at the request of two mem- . and in the house at the request of five members, the yeas and nays shall he taken on any question, and entered upon the journal. Any two members of either house shall have liberty to dissent from and protest, in respectful language, against any act or resolution which they think injurious to the public or to any individual, and have the reasons of their dissent entered upon the journals. Style of Laws and Passage of Bills. £ 11. The ^tyle of the laws of this State shall be: d In1 the People of the State of Illinois ', represented in the General Assembly: 2. Bills may originate in either house, but may Itercd, amended or rejected by the other; and on final passage of all bills, the vote shall be by yeas and nays, upon each hill separately, and shall he entered upon tlie journal; and no hill shall become a law with- out the concurrence of a majority of the members led i" each hous £ [3. Ever) bill shall be read at lar^e on three dif- ferent days, in each house; and the bill and all amend- ment to shall he printed before the vote i^ taken 1 d passage; and every bill, having passed both ted by the speakers thereof. No act hereafter p 1 ill embrace more than one -ii an 1 that shall be expressed in the title. But if any sub- ject shall be embraced in an act which shall not Em 76 CONSTITUTION OF ILLINOIS. pressed in the title, such act shall be void only as I much thereof as shall not be expressed; and no law- shall he revived or amended by reference to its title only, hut the law revived, or the section amended, shall he inserted at length in the new act. And no act of the general assembly shall take effect until the first d; July next after its passage, unless, in case of emergency, (which emergency shall he expressed in the preamble or body of the act), the general assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct. Privileges and Disabilitu s. g 14, Senators and representatives shall, in all c. except treason, felony or breach of the peace, he privi- leged from arrest during the se^i<>n of the general assembly, and in going to and returning from the same: and for any speech or debate in either house, they shall not he questioned in any other place. § 1 ^. No person elected to the genera] assembly shall receive any civil appointment within this State from the governor, the governor ami senate, or from the genera] assembly, during the term for which he shall have been elected; and all such appointments, and all votes given for any such members tor any such ofliceor appointment, shall be void; nor shall any member of the general assembly be interested, either directly or in- directly, in any contract with the state, or any county thereof, authorized hv any law passed during the term for which he shall he elected, or within one year after the expiration thereof. Public Moneys and Appropriations. § 16. The general assembly shall make no appro- priation of money out of the treasury in any private law. Bills making appropriations for the pay of mem- bers and officers of the general assembly, and for the salaries of the officers of the government, shall contain no provisions on any other subject. § 17. No money shall he drawn from the treasury except in pursuance of an appropriation made by law, CONSTITUTION OF I I.I.I NO I: 77 and on the presentation of a warrant issued by the auditor thereon; and no money shall be diverted from anv appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution. The auditor shall, within sixty days after the adjourn- ment of each - ss :i o{ the general assembly, prepare publish a full statement of all money expended at such session, specifying the amount of each item, and to whom and for what paid. g iS. Each general assembly shall provide for all the ropriations necessary for the ordinary and contingent - oi the government until the expiration of the first fiscal quarter after the adjournment of the next -ion, the aggregate amount of which shall not be increased without a vote of two-thirds of the members elected to each house, nor exceed the amount of revenue authorized by law to be raised in such time: and all appropriations, general or special, requiring money to be paid out of the State Treasurv, from funds belonging to the State, shall end with such fiscal quar- Provided, the State may, to meet casual deficits or failures in revenues, contract debts, never to exceed in the aggregate $250,000; and moneys thus borrowed shall be applied to the purpose for which they were ob- tained, or to pay the debt thus created, and to no other purpose; and no other debt, except tor the purpose of repelling invasion, suppressing insurrection, or d< fend- big the State in war, (for payment of which the faith of State shall be pledged), shall be contracted, unless the law authorizing the same shall, at a general election, have been submitted to the people, and have received a ntv of the votes cast for members of the general nbly at such election. The general assembly shall idc for the publication of -aid law for three months, •re the vote of the people shall be taken upon the same; and provision -hall be made, at the time, for the payment of the interest annually, a- it shall accrue, by a tax levied for the purpose, or from other source- of revenue; which law, providing for the pay- ' of such interest by such tax, shall be irrepealable until such debt be paid: And provided^ further, that ^S CONSTITUTION OI ILLINOIS. the lavs' levying the tax shall be submitted to the people with the law authorizing the debt to be contracted. § 19. The general assi rnbly shall never grant or authorize extra, compensation, tee or allowance to any public officer, agent, servant or contractor, after service has been rendered or a contract made, nor authorize the payment of an claim, or part thereof, hereafter created against the State under any agreement or contract made without express authority of law; and all such unauthor- ized agreements or contracts shall be null and void: Provided \ the general assembly may make appropria- tions for expenditures incurred in suppressing insurrec- tion or repelling invasion. § 20. The State shall never pay, assume or become responsible for the debts or liabilities of, or in any man- ner give, loan or extend its credit to, or in aid of any public or other corporation, association or individual. Pay of Members. sj 21. The members of the general assembly shall receive for their services the sum of $5 per dav, during the first session held under this o nstitution, and 10 cents for each mile necessarily traveled ingoingtoand return- ing from the seat of government, to be computed by the auditor of public accounts: and thereafter such com- pensation as shall be prescribed by law, and no other allowance or emolument, directly or indirectly, for any purpose whatever; except the sum of $50 pel to each member, which shall be in full for post stationery, newspapers, and all other incidental expenses and perquisites; but no change shall be made in the compensation of members of the general assembly du- ring the term for which they may have been elected. Thev pay and mileage allowed to each member of the general assembly shall he certilv d by the speaker of their respective houses, and entered on the journals and published at the close of each session. Special Leg t slat 1 ox Prohibited. § 22. The general assembly shall not pass local or CONSTITUTION OF ILLINOIS, Jy ecial laws in any ot the following enumerated cases t hat is to say : for — nting divorce - ; Changing the names of persons or place-; Laying out, opening, altering, and working roads or highway - ; Vacating road-, town plats, streets, alley- and public >unds; Locating or changing county seat-: Regulating county and township affairs; Regulating the practice in courts of justice; Regulating the jurisdiction and duties of justices of the peace, police magistrates, and constables; Providing for changes of venue in civil and criminal ses; Incorporating cities, town-, or villages, or changing amending the charter of any town, citv or village; Providing for the election of members of the board of supervisors in township-, incorporated towns or ies ; ^mmoning and impaneling grand or petit juries : Providing for the management of common schools; Regulating the rate of interest on money ; The opening and conducting of any election, or desig- ting the place of voting; The sal _re of real estate belonging to or others under disability; The protection of* game or fish; Chartering or li or toll bridges; Remitting fines, penalt itures; Creating, increasing, or decreasing fees, percentage or of public officers, during the term for which i officers ected or appointed; anging the law of descent; Granting to any corporation, i -n or individual to lay down railroad track-, or amending exist- l charters h purp< anting to an] n, association or individual any or exclusive prh immunity or franchise In all other cases where a genera] law can be made IW shall DC enacted. So CONSTITUTION OK iLLlNO § 23. The general assembly shall have no power to release or extinguish, in whole or in part, the indebted" ness, liability, or obligation of any corporation or indi- vidual to this State or to any municipal corporation therein. Impeachment. § 24. The house of representatives shall have the sole power of impeachment; but a majority of all the members elected must concur therein. All impeach- ments shall be tried by the senate; and when sitting for that purpose, the senators shall be upon oath, or affirma- tion, to do justice according to law and evidence. When the governor of the State is tried, the chief justice shall preside. No person shall be convicted without the con- currence of two-thirds of the senators elected. But judgment, in such cases, shall not extend further than removal from office, and disqualification to hold any office of honor, profit or trust under the government of this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judg- ment and punishment according to law. MlSCBLLANE< >us, § 25. The general assembly shall provide, by law, that the fuel, stationery, and printing paper furnished for the use of the State; the copying, printing, binding and distributing the laws and journals, and all other print- ing ordered by the general assembly, shall be let by con- tract to the lowest responsible bidder; but the general assembly shall fix a maximum price; and no member thereof, or other officer of the State, shall be interested, directly or indirectly, in such contract. But all such contracts shall be subject to the approval of the g ernor, and if he disapproves the same there shall I re-letting of the contract, in such manner as shall be prescribed by law. § 26. The State of Illinois shall never be made de- fendant in any court of law or equity. § 27. The general assembly shall have no power to authorize lotteries or gift enterprises, for any purpose, CONSTITUTION OF ILLINOIS. 8l and shall pass laws to prohibit the sale o( lottery or gift enterprise tickets in this State. 8 28. No law shall be passed which shall operate to extend the term of any public officer after his election Of appointment. § 2cj. It shall be the duty of the general assembly to such laws as may be necessary for the protection of operative miners, by providing for ventillation, when the same may be required, and the construction of escapement shafts, or such other appliances as may se- cure safety in all coal mines, and to provide for the enforcement o\ said laws by such penalties and punish- ments as may be deemed proper. £ 30. The genera] assembly may provide for estab- lishing and opening roads and cartways, connected with a public road, for private and public use. ^ 31. Te general assembly may pass laws permitting the owners or occupants of lands to construct drains and ditches, for agricultural and sanitary purposes, across the lands of others, 12. The general assembly shall pass liberal home- stead and exemption laws. j ;. The general assembly shall not appropriate out o{ the State treasury, or expend on account of the new capitol grounds, and construction, completion, and furnish- ing of the State house, a sum exceeding, in the ag- nate, $3,500,000, inclusive of all appropriations here- tofore made, without first submitting the proposition for an additional expenditure to the legal voters of the State, at a general election; nor unless a majority of all the st at f Public Instruction, and Attorney General, who shall, each, with the exception of the Treasurer, hold his (*2 82 CONSTITUTION OF ILLINOIS. office for the term of four years from the second Mon- day of January next after his election, and until his suc- cessor is elected and qualified. They shall, except the Lieutenant Governor, reside at the seat of government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be prescribed by law. £ 2. The Treasurer shall hold his office for the term of two years, and until his successor is elected and quali- fied; and shall be ineligible to said office tor two \ next after the end of the term for which he was ele lie may be required by the Governor to give reasonable additional security, and in default of so doing his office shall be deemed vacant. Election. | 3. An election for Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, and Attorney General, shall be held on the Tuesday next after the first Mondaj of November, in the year of our Lord 1S72, and every four years thereafter; for Super- intendent of Public Instruction, on the Tuesday 1 after the first Monday of November, in the year 1 and every four years thereafter; and for Treasure the dav last above mentioned, and every two \ ears there- after, at such places and in such manner as may be pre- scribed by law. § 4. The returns of every election for the above named officers shall be sealed up and transmitted, by the returning officers, to the Secretary of State, directed to " The Speaker of the House of Representatives," who shall, immediately after the organization of the house, and before proceeding to other business, open and pub- lish the same in the presence of a majority of each h< of the general assembly, who shall, for that purj assemble in the hall of the house of representatives. The person having the highest number of votes lor either of said offices shall be declared duly elected; but if two or more have an equal and the highest number of votes, the general assembly shall, by joint ballot, choose one of such persons for said office. Contested elections for all CONST I TUT t OK OK ILLINOIS. S3 Df said offices shall be determined by both houses of the general assembly, by joint ballot, in such manner as may be prescribed by law. Eligibility. 6 v No person shall be eligible to the office of Gov- ernor or Lieutenant Governor, who shall not have attain- ed the age of thirty years, and been, for five years next pre- ceding his election, a citizen of the United States and of this State. Neither the Governor, Lieutenant Gov- ernor, Auditor of Public Accounts, Secretary of State, Superintendent of Public Instruction nor Attorney General shall be eligible to any other office during the period for which he shall have been elected. Governor. g 6. The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed. B y. The Governor shall, at the commencement of each session, and at the close of his term of office, give to the general assembly information, by message, of the condition of the State, and shall recommend such meas- as he shall deem expedient. He shall aecount to the general assembly, and accompany his message with a statement of all moneys received and paid out by him : any funds subject to his order, with vouchers, and at the commencement of each regular session, present estimates of the amount of money required to be raised taxation for all purpo^e^. 3. The Governor may, on extraordinary occasions, vene the general assembly, by proclamation, stating therein the purpose for which they are convened; and the general assembly shall enter upon no business ex^ cept that for which they were called together. j. In ca^e of a disagreement between the two houses with respect to the time of adjournment, the ernor may, on the same being certified to him, by the house first moving the adjournment, adjourn the eral assembly to such time as he thinks proper, not beyond the first day of the next regular session. 10. Tiie Governor shall nominate, and by and 84 CONST 1 TUT I OX OF ILLINOIS. with the advice and consent of the senate, (a majority all the senators selected concurring, by yeas and n appoint all officers whose offices are established by constitution, or which may be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall he appointed or elected by the general assembly. §11. In case of a vacancy, during the re the senate, in any office which is not elective, the Governor shall make a temporary appointment until the next meeting of the senate, when he shall nominate some person to fdl such office 5 and any person so nominated, who is confirmed by the senate, (a majority of all the senators elected concuriing by yeas and nays) shall hold his office during the remainder of the term, and until his successor shall he appointed and qualified. No per- son, after being rejected by the senate, shall he again nominated lor the same office at the same session, ill at the request of the - nate, or be appointed to tl office during the recess of the general assembly. 8 12. The Governor shall have power to remove anv officer whom he may appoint, in case of incon tency, neglect of duty, or malfeasance in office; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy. g 13. The Governor shall have power to grant re- prieves, commutations and pardons, after conviction, for all offenses, subject to such regulations as may he provided by law relative to the manner of applying therefor. 8 14. The Governor shall be commander-in-chief of the military and naval forces of the State (except when they shall he called into the service of the United States); and may call out (he same to execute the laws, sup} insurrection, and repel invasion. £ 15. The Governor, and all civil officers of this State, shall he liable to impeachment for any mi meanor in office. VETO. § 16. Every bill passed by the general assembly CONSTITUTION OF ILLINOIS. shall, before it becomes a law, be presented to the Gov- ernor. If he approve, lie shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objec- tions at large upon its journal, and proceed to reconsider the bill. If, then, two-thirds of the members elected agree to pass the same, it shall be sent, together with objections, to the other house, by which it shall like- wise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law, notwithstanding the objections of the Governor. But in all such cases, the vote of each house shall be deter- mined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, shall become a law in like man- ner a< if he had signed it, unless the general assembly shall, bv their adjournment, prevent its return; in which it shall be tiled, with his objections, in the office of the Secretary of State, within ten days after such ad- irnment, or become a law. Lieutenant Governor. £ 17. In ca Lieutenant Governor, or if the itenant Governor -hall, for any of the causes speci- al ^ 17 of this article, become incapable of perform- ing the duties of the office the president of the Senate shall act as governor until the vacancy is filled or the disability removed; and if the president of the Senate, — H S6 CONSTITUTION OF ILLINOIS. for any of the above named causes, shall become incap- able of performing the duties of Governor, the same shall devolve upon the speaker of the house of rep- resentatives. Other State Officers. § 20. If the office of Auditor of Public AccountsT Treasurer, Secretary of State, Attorney General, or Superintendent of Public Instruction shall be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be pro- vided by law. An account shall be kept by the officers of the executive department, and of all the public institu- tions of the State, of all moneys received or disbursed by them, severally, from all sources, and for every service performed, and a semi-annual report thereof be made to the Governor, under oath; and any officer who makes a false report shall be guilty of perjury, and punished accordingly. § 21. The officers of the executive department, and of all the public institutions of the State, shall, at least ten days preceding each regular session of the general assembly, severally, report to the Governor, who shall transmit such reports to the general assembly, together with the reports of the judges of the supreme court of the defects in the constitution and laws; and the Gov- ernor may at any time require information, in writing, under oath, from the officers of the executive depart- ment, and all officers and managers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices. The Seal of State. § 22. There shall be a seal of the State, which shall be called the " Great seal of the State of Illinois," which shall be kept by the Secretary of State, and used by him, officially, as directed by law. Fees and Salaries. § 23. The officers named in this article shalL receive CONST I TUT IOX OF ILLINOIS. 87 for their services a salary., to be established by law, which shall not be increased or diminished during their official terms, and they shall not, after the expiration of the terms of those in office at the adoption of this constitu- tion, receive to their own use any fees, costs, perquisites of office, or other compensation. And all fees that may hereafter be payable by law for any service performed by any officer provided for in this article of the constitu- tion, shall be paid in advance into the State Treasury7. Definition and Oath of Office. § 24. An office is a public position created by the constitution or law, continuing during the pleasure of the appointing power, or for a fixed time, with a succes- sor elected or appointed. An employment is an agency, for a temporary purpose, which ceases when that pur- pose is accomplished. § 25. All civil officers, except members of the gen- eral assembly and such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: 1 do solemnly swear (or affirm, as the case may be) that I will support the constitution of xhe United States, and the constitution of the state of Illi- nois, and that I will faithfully discharge the duties of the office of„.^.,, according to the best of my ability. And no other oath, declaration or test shall Ire re- quired as a qualification. ARTICLE VI. Judicial Department. § 1. The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, circuit courts, county courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incorporated towns. Supreme Court. § 2. The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue, in maudamits, and habeas coi'pus, and SS CONSTITUTION OF ILLINOIS. appellate jurisdiction in all other cases. One of judges shall he chief justice; four shall constitute a quorum, and the concurrence of four shall be necessary to every decision. £ 3. No person shall he eligible to the office of ju of the supreme court unless he shall he at least thirty years of age, and a citizen of the United State-, not unless he shall have resided in this State live years preceding his election, and he a resident of the district in which he shall be elected. £ |. Terms of the supreme court shall continue to be held in the present grand divisions at the several places now provided for holding the same; and until Otherwise provided by law, one or more terms <>f said court shall be held, for the northern division, in the city of Chic each year, at such times a^> said court may appoint, whenever said city or the c<>untv of Cook shall provide appropriate rooms therefor, and tru- use of a suitable library, without expense to the State. The judicial divisions may be altered, increased or diminished in number, and the times and places of holding said court mav be changed by law. S 5. The present grand divisions shall be preserved, and be denominated Southern, Central and Northern, until otherwise provided by law. The State shall be divided into seven districts for the election of jud and until otherwise provided by law, they shall be a- follows: First District* — The counties of St. Clair, Clinton, Washington, Jefferson, Wayne, Edwards, Wabash. White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Saline Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski and Massac. Second District. — The counties of Madison, Bond, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun and Christian. Third District, — The counties of Sangamon, Macon, Logan, De Witt, Piatt, Douglas, Champaign, Vermil- ion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. CONSTITUTION OF ILLINOIS. 89 'Fourth District. — The counties of Fulton, McDon- ough, Hancock. Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and Scott. Fifth District. — The counties of Knox, Warren, Henderson, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy and Woodford. Sixth District. — The counties of Whiteside, Carroll, ]o Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, Lee, Ogle and Rock Island. venth District. — The counties of Lake, Cook, Will, Kankakee and Du Page. The boundaries of the districts may be changed at the session of the general assembly next preceding the elec- tion forjudges herein, and at no other time; but when- ever such alterations shall be made, the same shall be upon the rule of equality of population, as nearly as county boundaries will allow, and the districts shall be composed of contiguous counties, in as nearly compact form as circumstances will permit. The alteration of the districts shall not affect the tenure of office of an) judge. £ 6. At the time of voting on the adoption of this stitution, one judge of the supreme court shall be elected by the electors thereof, in each of said districts numbered two, three, six and seven, who shall hold his office for the term of nine years from the first Monday in June, in the year of our Lord 1870. The term of office of judges of the supreme court, elected after the adoption of this constitution, shall be nine years; and on the first Monday of June of the year in which the term of any of the judges in office at the adoption of constitution, or of the judges then elected, shall ex- pire, and every nine years thereafter, there shall be an •;«»n for the successor or successors of such judges, in the respective districts wherein the term of such hall expire. The chief justice shall continue to act as >uch until the expiration of the term for which he elected, after which the judges shall choose one of their number chief justice. 7. From and after the adoption of this constitution, the judges of the supreme court shall each receives 9° CONST ITl T ION OF ILLIN< salary of $4,000 per annum, payable quarterly, until otherwise provided by law. And after said salaries shall be fixed by law, the salaries ot the judges in oilice shall not be increased or diminished during the terms which said judges have been elected. g S. Appeals and writs of error may be taken to the supreme court, held in the grand division in which the case is decided, or, by consent of the parties, t<> any other grand division. £ 9. The supreme court shall app )intone reporter of its decisions, who shall hold his office for six years, ^uh- ject to removal by the court. § 10. At the time of the election for representatives in the general assembly, happening next preceding the expiration of the terms <>f office of the present clerk said court, one clerk of said couri for each division shall be elected, whose term of office shall he six \ ears from said election, hut who -hall not outer upon the dutU his office until the expiration of the term ot* his p: cessor, and every six years thereafter, one clerk of said COUrt for each division shall he elected. Appellate Conn s, g 11. After the year of our Lord 1874, inferior ap- pellate courts, of uniform organization and jurisdiction, may he created in districts formed for that purpose, to which such appeals and writs of error as the general assembly may provide, may he prosecuted from circuit and other courts, and from which appeals and wril error shall lie to the supr. me court, in all criminal c and cases in which a franchise, or freehold, or the validi- ty of a statute is involved, and in such other cas may he provided bv law. Such appellate courts shall be held by such number of judges of the circuit courts, and at such times and places, and in snch manner, as may he provided by law; hut no judge shall sit in re- view upon cases decided bv him; nor shall said judges receive any additional compensation for such services. Circuit Courts. The circuit courts shall have original jurisdic- tion of all causes in law and equity, and such appellate § T2- ^ OS S T I TVTI ON OF ILLINOIS. 9 ? Jurisdiction as is or may be provided by law, and shall hold two or more terms each year in every county. The terms of office of judges of circuit courts shall be six years. S 13. The State, exclusive of the county of Cook and other counties having a population of 100,000, shall be divided into judicial circuits, prior to the expiration of the terms of office of the present fudges of the circuit courts. Such circuits shall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, territory and population, and shall not exceed in number one circuit for every 100,000 of population in the State. One judge shall be elected for each of said circuits by the electors thereof. New circuits may be formed and the boundaries of cir- cuits changed by the general assembly, at its session next preceding the election for circuit judges, but at no other time: Provided^ that the circuits may be equal- ized or changed at the first session of the general assembly, after the adoption of this constitution. The creation, alteration or change of any circuit shall not af- fect the tenure of office of any judge. Whenever the business of the circuit court of any one, or of two or more contiguous counties, containing a population ex- ceeding 50,000, shall occupy nine months of the year, the general assembly may make of snch countv, or counties, a separate circuit. Whenever additional cir- - are created, the forgoing limitations shall be ob- served. f: 14. The general assembly shall provide for the times of holding court in each countv; which shall not be changed, except bv the general assembly next pre- ceding the general election for judges of said courts; additioual terms may be provided for in any county. The election for judges of the circuit courts shall be held on the first Monday in June, in the year of our Lord 18731 and every six years thereafter. \ 15. Tin- general assembly may divide the State licial crrcu greater population and territory, of the circuit- provided for in section I j of this Q2 CONSTITUTION OF ILLINOIS. article, and provide for the election therein, severally, hy the electors thereof, by general ticket, of not exceeding four judges, who shall hold the circuit courts in the cir- cuit for which they shall be elected, in such manner as may be provided by law. § 16. From and after the adoption of this constitu- tion, judges of the circuit courts shall receive a salary of $3,000 per annum, payable quarterly, until otherwise provided by law. And after their salaries shall be fixed by law, they shall not be increased or diminished during the terms for which said judges shall be, respectively, elected; and from and after the adoption of this consti- tution, no judge of the supreme or circuit court shall re- ceive any other compensation, perquisite or benefit, in any form whatsoever, nor perform any other than judi- ciel duties to which may belong any emoluments. § 17. No person shall be eligible to the office of judge of the circuit or inferior court, or to membership in the "board of county commissioners," unless he shall be at least 25 years of age, and a citizen of the United States, nor unless he shall have resided in this State five years next preceding his election, and be a resident of the circuit, county, city, cities, or incorporated town in which he shall be elected. County Courts. § 18. There shall be elected in and for each county, one county judge and one clerk of the county court, whose terms of office shall be four years. Bnt the gen- eral assembly may create districts of two or more con- tiguous counties, in each of which shall be elected one judge, who shall take the place of, and exercise the powers and jurisdiction of county judges in such dis- tricts. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate; settlement of estates of deceased persons; appoint- ment of guardians and conservators, and settle- ments of their accounts; in all matters relating to ap- prentices; and in proceedings for the collection of taxes and assessments, and such other jurisdiction as may be provided for by general law. CONSTITUTION OF ILLINOIS. 93 § 19. Appeals and writs of error shall be allowed from final determinations of county courts, as may be provided by law. Probate Courts. § 20. The general assembly may provide for the establishment of a probate court in each county having a population of over 50,000, and for the election of a judge thereof, whose term of office shall be the same as tnat of the county judge, and who shall be elected at the same time and in the same manner. Said courts, when establisned, shall have original jurisdiction of all probate matters, the settlement of estates of deceased persons, the appointment ot guardians and conservators, and settlement of their accounts; in all matters relating to apprentices, and in cases of the sales of real estate of deceased persons for the payment of debts. Justices of the Peace And Constables. § 21. Justices of the peace, police magistrates, and constables shall be elected in and for such districts as are, or may be, provided by law, and the jurisdiction of such justices of the peace and police magistrates shall be uniform. State's Attorneys. § 22. At the election for members of the general assembly in the year of our Lord 1872, and every four years thereafter, there shall be elected a State's attorney in and for each county, in lieu of the State's attorneys now provided by law, whose term of office shall be four years. Courts of Cook County. § 23. The county of Cook shall be one judicial cir- cuit. The circuit court of Cook county shall consist of five judges, until their nmnber shall be increased, as herein provided. The present judge of the recorder's court of the city of Chicago, and the present judge of the circuit court of Cook county, shall be two of said — H2 94 CONSTITUTION* OF ILLINOIS, judges, and shall remain in office for the terms for which they were respectively elected, and until then- successors shall be elected and qualified. The superior court of Chicago shall be continued, and called the superior court of Cook county. The general assembly may increase the number of said judges, by adding one to either of said courts for eveiy additional 50,000 in- habitant^ in said county, over and above a population of 400,000. The terms of office of the judges of said courts hereafter elected, shall be six years. § 24. The judge having the shortest unexpired term shall be chief justice of the court of which he is ju In ease there are two or more whose terms expire at the same time, it may be determined by lot which shall be chief justice. Any fudge of either of said courts shall have all the powers of a circuit judge, and may hold the court of which he is a member. Bach of them may hold a different branch thereof al the same time. § 25. The judges of the superior and circuit courts, and the State's attorney, in said county, shall receive the same salaries, payable out of the State treasur Is or may be paid from said treasury to the circuit ju I and State's attorneys of the State, and SU :h further com- pensation, to be paid by the county of Cook, as i>; or may be provided bylaw; such compensation shall not be changed during their continuance in office. $26. The recorder's court of the city of Chit shall be continued, and shall be called the u Criminal Court of Cook County ." It shall have the jurisdiction of a circuit court, in all cases of criminal and quasi criminal nature, arising in the county of Cook, or that may be brought before said court pursuant to law: and all recognizances and appeals taken in said county, in criminal and quasi criminal cases shall be returnable and taken to said court. It shall have no jurisdiction in civil cases, except in those on behalf of the people, and incident to such criminal or quasi criminal matters, and to dispose of unfinished business. The terms of said criminal court of Cook county shall be held by one or more of the judges of the circuit or superior court of Cook county, as nearly as may be in alternation, as may CONST I TIT I OX OK ILLINOIS. 9^ be determined by said judges, or provided by law. Said judges shall be ex-oficio judges of -aid court. g 27. The present clerk of the recorder's court of the city of Chicago, shall he the clerk of the criminal court of Cook county, during the term for which he was elected. The present clerks of the superior court of Chicago, and the present clerk of the circuit court of k county, shall continue in office during the terms for which tliey were respectively elected; and thereafter there shall he hut one clerk of the superior court, to he elected by the qualified electors of said county, who shall hold his office for the term of four years, and until hi- successor i^ elected and qualified. § jS. All justices of the peace in the city of Chicago shall he appointed by the governor, by and with the ad- vice and consent of the senate, (but only upon the mm nidation of a majority of the judges of the cir- cuit, superior and county courts,) and for such districts re now or shall hereafter he provided by law. They shall hold their otrices for four years, and until their suc- >rs have been commissioned and qualified, hut they may he removed by summary proceeding in the circuit uperior court, for extortion or other malfeasance. Existing justices of the peace and police magistrates may hold their offices until the expiration of their respective terms. G E x R R a l Provision^. g 29. All judicial officers shall be commissioned by the governor. All laws relating to courts shall he 'j^cn- eral, and of uniform operation; and the organization, sdiction, powers, proceedings and practice of all . >f the same class or grade, so far as regulated by law, and the force and effect of the process, judgments and decree- of such courts, severally, shall he uniform. JO. The general assembly may, for cause entered on the journal-, upon due notice and opportunity of de- fense, remove from office any judge, upon concurrence of three-fourths of all the members elected, of each All other officers in this article mentioned, shall he removed from office on prosecution and final convic- tion, for misdemeanor in offi 96 CONSTITUTION OP ILLINOIS. g 31. All judges of courts of record, inferior to supreme court, shall, on or before the Mist day of Juik\ of each year, report in writing to the ju f the supreme court, such defects and omissions in the law their experience may suggest; and the judges of the supreme court shall, on or before the first day of Jan- ucry of each year, report in writing to tl 1 nor such defects and omissions in the constitution and I as they may find to exist, together with appropriate forms of hills to cure such defects and omissions in the laws. And the judges of the several circuit courts ^ 1ml 1 report to the next general assembly the number of days they have held court in the several counties compo their respi dive circuits, the- preceding two ve.-i g 32. All officers) provided for in this article shall .hold their offices until their shall be qualified, and they shall, respectively, reside in the division, CUlt, county or district for which they ma\ be elected or appointed. The terms of office of all such officers, where not otherwise prescribed in this article, shall he four years. Ail offic rs, where not otherwise provided for in this article, shall perform such duties and re 53. All process shall run: In the name of the People of the State of Illinois ; and all prosecutions shall be carried on: /// the name and by the auth of the People of the State of Illinois y and conclude: Against the peace and dignity of IJie sam* pula- tion," wherever used in this article, shall be determined by the next preceding census of this State, or of the United States. ARTICLE VII. SUFFH AGE. g I. Every person having resided in this State year, in the county ninety days, and in the election dis- trict thirty days n< xt preceding any election therein, who was an elector in this State on the first day of April, in the v ar of our Lord 1S4S, or obtained a certificate of naturalization before any court of record m this State prior to the first day of January, in the year of our 1 1870, or who shall be a male citizen of the United State-. CONSTITUTION OF ILLINOIS. 97 above the ago of twenty-one years, shall be entitled to vote at such election. § 2. All votes shall be by ballot. £ 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and return- ing from the same. And no elector shall be obliged to nilitary duty on the days of election, except in time of war or public danger. £ 4. Xo elector shall be deemed to have lost his residence in this State by reason of his absence on busi- ness of the United States, or of this State, or in the military or naval service of the United States, such compensation as is or may be provided by law. Vacancies in such elective offices shall be filled bv elec- tion; but where the unexpired term does not exceed one year, the vacancy shall be filled by appointment, as fol- lows: Of judges, by the governor; of clerks of courts, by the court to which the office appertains, or by the judge or judges thereof; and of all such other offices, by the board of supervisors or board of county commission- ers in the county where the vacancy occurs. S 5. Xo soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this State in consequence of being stationed therein. § 6. Xo person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding the election or appointment. 7. The general assembly shall pass laws excluding from the right of suffrage persons convicted of infamous crimes. ARTICLE VIII. EDUCATION. ^ i. The general assembly shall provide a thorough and efficient system of free school-, whereby all children of this State may receive a good common school edu- cation. All lands, moneys, or other property, donated. 98 CONSTITCTION OF ILLINOIS. granted or received for school, college, seminary or uni- versity purposes, and the proceeds thereof, shall he faith- fully applied to the objects for which such gifts or grants were made. § 3. Neither the general assembly nor any county, city, town, township, school district, or other public cor- poration, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian purpose, or to help support or sustain any school, academy, seminary, coll- ge, university, or other literary or scientific institution, controlled by any church or sectarian denomination whatever: nor shall any grant or donation of land, money, or other personal pro] ever be made by the State or any such public corj tion, to any church, or for any sectarian purpose, g 4. No teacher, State, county, township, or district school officer shall be interested in the sale, proceeds or profits of any books, apparatus or furniture, used or to be used, in any school in this State, with which such officer or teacher may be connected, under such penal- ties as may he provided by the general assembly. g 5. There may be a county superintendent of schools in each count}', whose qualifications, power-, duties, compensation, and time and manner of election. and term of office, shall be prescribed by law. ARTICLE IX. Rev 1: nik. § 1. The general assembly shall provide such reve- nue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in pro- portion to the value of his, her or its property — such value to be ascertained by some person or persons, to be elected or appointed in such manner as the general assembly shall direct, and not otherwise; but the general assembly shall have power to tax pedlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, jugglers, inn-keepers, grocery keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express interests or business, venders of patents, and CONSTITUTION OF ILLINOIS. 99 persons or corporations owning or using franchises and privileges, in such manner as it shall from time to time direct by general law, uniform as to the class upon which it operates. § 2. The specification of the objects and subjects of taxation shall not deprive the general assembly of the power to require other subjects or objects to be taxed in such manner as may be consistent with the principles of taxation fixed in this constitution. I 3. The property of the State, counties, and other municipal corporations, both real and personal, and such other property, as may be used exclusively for agricul- tural and horticultural societies, for school, religious, cemetery and charitable purposes, may be exempted from taxation; but such exemption shall be only by general law. In the assessment of real estate incum- bered bv public easement, any depreciation occasioned by such easement ma)- be deducted in the valuation of such property. § 4. The general assembly shall provide, in all cases where it may be necessary to sell real estate for the non- payment of taxes or special assessments for State, county, municipal or other purposes, that a return of such un- paid taxes or assessments shall be made to some general officer of the county having authority to receive State and county taxes; and there shall be no sale of sa d property for any of said taxes or assessments but by said officer, upon the order or judgment of some court of record. I 5. The right of redemption from all sales of real I - e for the non-payment of taxes or special assessments of any character whatever, shall exist in fa vor of owners and persons interested in such real estate, for a period of not le-s than two years from such sales thereof. And the general assembly shall provide by law for reason- able notice to be given to the owners or parties inter- 1, by publication or Otherwise, of the fact of the sale of the property for such taxes or assessments, and when the time of redemption shall expire: Provided, that occupants shall in all cases be served with personal tic-* before the time of redemption expire IOO CONSTITUTION OF ILLINOIS, § 6. The general assembly shall have no power to release or discharge any county, city, township, town 01 district whatever, or the inhabitants thereof or the property therein, from their or its proportionate share of taxes to be levied for State purposes nor shall t mutation for such taxes be authorized in any form what- soever. § 7. All taxes levied for State purposes shall be paid into the State treasury. § S. County authorities shall never ass< , the aggregate of which shall exceed 7^ cents per $IOO val- uation, except for the payment of indebtedness existing at the adoption of this constitution, unless authorized by a vote of the people of the county. £ 9. The general assembly may vest the corpo authorities of cities, towns and villages, With power to make local improvements by special assessment <»i by special taxation of contiguous propeity, or othcrv For all other corporate purposes, all municipal corp ra- tions may be vested with authority to a--ess and collect taxes; but such taxes shall be uniform in respect to per- sons and property, within the jurisdiction of the I imposing the same. g 10. The general assembly shall not impos upon municipal corporations, or the inhabitants or prop- erty thereof, tor coiporate purposes, but shall require that all the taxable property within the limits of muni- cipal corporations shall be taxed for the payment of debts contracted under authority of law, such taxes t<> be uniform in respect to persons and property, within the jurisdiction of the body imposing the same. Pri- vate property shall not be liable to be taken or sold for the payment of the corporate debts of a municipal cor- poration. § 11. No person who is in default, as collector or custodian of money or property belonging to a munici- pal corporation, shall be eligible to any office in or under such corporation. The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office, shall be increased or diminished during such term. CONST I ITT I OX OF ILLINOIS. IOT 12. No county, city, township, school district, or other municipal corporation, shall he allowed to become indebted in any manner or for any purpose, to an amount, including existing- indebtedness, in the aggre- gate exceeding rive per centum on the value of the tax- able propertv therein, to be ascertained by the last as- sessment for State and county taxes, previous to the in- curring of such indebtedness. Any county, city, school district, or other municipal corporation, incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax Sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof with- in twenty years from the time of contracting the same. This section shall not be construed to prevent any countv, citv, township, school district, or other munici- pal corporation, from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this constitution in pursuance of any law providing therefor. ARTICLE X, Counties. g i. No new countv shall be formed or established by the general assembly, which will reduce the county or counties, or either of them, from which it shall be taken, to less contents than 400 square miles; nor shall any county be formed of less contents; nor shall any line thereof pass within less than ten miles of any county seat of the countv or counties proposed to be divided. _. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people ot the count}-, nor unless a majority of all the legal voters of the count}-, voting on the ques- tion, shall vote for the same. ^ 3. There shall be no territory stricken from any count}', unless a majority of the voters living in sucn territory shall petition for such division; and no terri- tory shall be added to any countv without the consent of the majority of the voters of the county to which it is £03 CONSTITUTION OF ILLINOIS. proposed to be added. But the portion so stricken off and added to another county, or formed in whole or ill part into a new county, shall be holdeu for, and obi: to pay its proportion of the indebtedness of the county from which it has been taken. Count* Si \r\ ^ 4. NO county seat shall he removed until the point to which it is proposed to be removed shall be fixed in pursuance of law, and three-fifths of the voters of the county, to be ascertained in such manner as shall be pro- vided by general law, shall have voted in favor of it- re- moval to such point; and no person shall vote on such question who has not resided in the count} six months, and in the electii n precinct ninety days next preceding such election. The question of the removal of a county seat shall not be oftener submitted than once in ten years, to a vote of the people. Hut when an attempt is made to remove a county seat to a point nearer to the centre of a county, then a majority vote only shall be necessary. Cor x ty GoVBB x M 1 XT. £ ^. The genera] assembly shall provide, by general law, for township organization, under which any county may organize whenever a majority of the legal vote such county, voting at any general election, shall so de- termine, and whenever any county shall adopt township organization, so much of this constitution as provides for the management of the fiscal concerns of the said county by the board of county commissioners, may be dispt •: with, and the affairs of said county may he transacted in such manner as the general assembly may provide. And in any county that shall have adopted a township organi- zation, the question of continuing the same may be sub- mitted to a vote of the electors of such county, at a general election, in the manner that now is or may be provided by law; and if a majority of all the votts cast upon that question shall be against township organiza- tion, then such organization shall cease in said county; and all laws in force in relation to couuties not having \SMTUTlON" OF ILLINOIS. I OJ township organization, shall immediately take effect and h>3 in force in such county. No two townships shall have the same name, and the day of holding the annual township meeting shall be uniform throughout the State. | 6. At the first election of county judges under this constitution, there shall be elected in each of the counties in this State, not under township organization, three officers, who shall be styled " the board of county commissioners,"' who shall hold sessions for the trans- action of county business as shall be provided by law. One of said commissioners shall hold his office for one year, one for two years, and one for three years, to be determined by lot; and every year thereafter one such pfficer shall be elected in each of said counties for the term of three years. J 7. The county affairs of Cook county shall be managed by a board of commissioners of fifteen per- sons, ten of whom shall be elected from the city of Chicago, and five from towns outside of said city, in such manner as may be provided by law. County Officers and their Compensation. g 8. In each county there shall be elected the follow- ing county officers; County judge, sheriff, county clerk, clerk of the circuit court, (who maybe ex-officio recorder of deeds, except in counties having 60,000 and more in- habitants, in which counties a recorder of deeds shall be elected at the general election in the year of our Lord [S72,) treasurer, surveyor and coroner, each of whom shall enter upon the duties of his office, respectively, on the first Monday of December after their election; and they shall hold their respective offices for the term of four years, except the treasurer, sheriff and coroner, who shall hold their offices for two years, and until their suc- cessors shall be elected and qualified. i. The clerks of the courts of record, the treas- urer, sheriff, coroner and recorder of deeds of Cook bounty, shall receive as their onh compensation for their services, salaries to be fixed by law, which shall in no be as much as the lawful compensation of a judge IO4 CONSTITUTION OF ILLINOIS. of the circuit court of said county, and shall be paid, re- spectively, only out of the fees of the office actually col- lected. All fees, perquisites and emoluments (a) the amount of said salaries) shall be paid into the coun- ty treasury. The number of the deputies and assistants of such officers shall be determined by rule of the cir- cuit court, to be entered of record, and their compe tion shall be determined by the county board. g 10. The county board, except as provided in g 9 of this article, shall fix the compensation of all county officers, with the amount of their nesessary clerk hire, stationery, fuel and other expenses, and in all < where fees are provided for, said compensation shall be paid out of, and shall in no instance exceed, the fee* actually Collected; thev shall not allow either of them more per annum than $1,500, in counties not exceeding 20,000 inhabitants; $2,000 in counties containing 20,000 and not exceeding ;;o,ooo inhabitant >o in coun- ties containing 3o,(x>o and not exceeding ^oocx.) inhabit- ants; $3,000 in counties containing 50,000 and not ex- ceeding 70,000 inhabitants; $3,^00 in counties contain- ing 70,000 and not exceeding 100,000 inhabitants; and $4,000 in counties containing over 100,000 and not ex- ceeding 250,000 inhabitants; and not more than $1,000 additional compensation for each additional 100,000 in- habitants: Provided, that the compensation of no offi- cer shall be increased or diminished during his term of office. All fees or allowances by them received, in ex- cess of their said compensation, shall be paid into the county treasury. s< 11. The fees of township officers, and of each class of county officers, shall be uniform in the clas counties to which thev respectfully belong. The com- pensation herein provided for shall apply only to officers hereafter elected, but all fees established by special law- shall cease at the adoption of this constitution, and such officers shall receive only such fees as are provided by general law. § 12. All laws fixing the fees of State, county and township officers, shall terminate with the terms, re- spectively, of those who may be in office at the meeting CONSTITUTION OF ILLINOIS. IO; o{ the first general aeserably after the adoption of this constitution; and the general assembly shall, by general law, uniform in its operation, provide for and regulate the of said officers and their successors, so as to reduce the same to a reasonable compensation for services actually rendered. But the general assembly may, by general law, classify the counties by population into not more than three classes, and regulate the fees according to class. This article shall not be construed as depriv- ing the general assembly of the power to reduce the of existing officers. J 13. Every person who is elected or appointed to anv office in this State, who shall be paid in whole or in part by fees, shall be required by law to make a semi- annual report, under oath, to some officer to be desig- nated by law, of all his fees and emoluments. ARTICLE XI. Corporations. sj 1. Xo corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patron- md control of the State, but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created. :. All existing charters or grants of special or ex- clusive privileges, under which organization shall not have taken place, or which shall not have been in oper- ation within ten days from tine time this constitution takes effect, shall thereafter have no validity or effect whatever. The general assembly shall provide, by law, that in all elections for directors or managers of incor- porated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shaiv k owned by him, for as many persons as there arc directors 01- managers to be elected, or to cul- minate said shares, and give one candidate as manv votes e number of directors multiplied by the number oi hi- shares of Stock, shall equal, or to distribute them on — 12 Io6 CONST I TUT I OX OF ILLINOIS. the same principle among as many candidates as he shall think fit; and such directors or managers shall not be elected in any other manner. § 4. No law shall be passed by the general assembly granting the right to construct and operate a street rail- road within any city, town, or incorporated vill without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad. Banks. § 5. No State bank shall hereafter be created, nor shall the State own or be liable for any stock in any cor- poration or joint stock company or association tor bank- ing purposes, now created, or to be hereafter created. No act of the general assembly authorizing or creating corporations or associations, with banking powers, whether of issue, deposit or discount, nor amendments thereto, shall go into effect or in any manner be in 1 unless the same shall be submitted to a vote of the peo- ple at the general election next succeeding the pa- of the same, and be approved by a majority of all the votes cast at such election for or against such law. § 6. Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains stockholder. £ 7. The suspension of specie payments by banking institutions, on their circulation, created by the laws of this State, shall never be permitted or sanctioned. Every banking association now, or which may hereafter be, organized under the laws of this State, shall make and publish a full and accurate quarterly statement of its af- fairs, (which shall be certified to, under oath, by one or more of its officers,) as may be provided by law. § 8. If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of state, of all bills or paper credit, designed to circulate as money, and require security, to the full CONSTITUTION OF ILLINOIS. IOJ amount thereof, to be deposited with the State treasurer, in United States or Illinois State stocks, to be rated at ten per cent, below their par value: and in case of a depreciation ot said stocks to the amount of ten per cent, below par, the bank or banks owning said stocks shall be required to make up said deficiency, by deposit- ing additional stocks. And said law shall also provide tor the recording o\ the names of all stockholders in such corporations, the amount c>t' stock heid by each, the time of any transfer thereof, and to whom such transfer is made. Railroads, g 9. Every railroad corporation organized or doing business in this State, under the laws or authority there- of, shall have and maintain a public office or place in this State for the transaction of its business, where trans- of stock shall be made, and in which shall be kept, for public inspection, books, in which shall be recorded the amount of capital stock subscribed, and by whom; the names of the owners of its stock, and the amount owned by them respectively; the amount of stock paid in, and by whom; the transfers of said stock; the amount of assets and liabilities, and the names and place of residence of its officers. The directors of every railroad corporation shall, annually, make a report, un- >ath, to the auditor of public accounts, or some offi- cer to be designated by law, of all their acts and doings, which report shall include such matters relating to rail- may be prescribed by law. And the general nbly shall pass laws enforcing by suitable penalties the provisions of this section. g 10. The rolling Stock, and all other movable prop- belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to execution :\m\ sale in the same manner e personal property of individuals, and the general assembly shall pa-- no law exempting any such proper- ty from execution and -ale. S ii. No railroad corporation shall consolidate its k, property or franchises with any other railroad IoS CONSTITUTION OF ILLINOIS. corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given, of at least sixty clays, to all stock- holders, in such manner as may be provided bv law. majority of the directors of any railroad corporation, now incorporated or hereafter to be incorporated bv the laws of this State, shall be citizens and residents of this State. § 12. Railways heretofore constructed, or that may hereafter be constructed in this State, aie hereby de- clared public highways, and shall be free to all persona for the transportation of their persons and property thereon, under such regulations as may be prescribed In- law. And the general assembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State. 8 13, No railroad corporation shall issue any stock or bonds, except for money, labor or property, actually received, and applied to the purposes for which such corporation was created; and all stock dividends, and o^her fictitious increase of the capital stock or indebted- ness of any such corporation, shall be void. The capi- tal stock of no railroad corporation shall be increased for any purpose, except upon giving sixty days' public notice, in such manner as may be provided bv law. £j 14. The exercise of the power, and the right of erninent domain shall never be SO construed or abridged as to prevent the taking, by the general assembly, of the property and franchises of incorporated companic already organized, and subjecting them to the public neccssitv the same as of individuals. The light of trial by jury shall be held inviolate in all trials of claims for compensation, when, in the exercise of the said right of eminent domain, any incorpora'ed company shall be interested either for or against the exercise of said right. § 15. The general assembly shall pass laws to cor- rect abuses and prevent unjust discrimination and extor- tion in the rates of freight and passenger tariffs on the different railroads in this State, and enforce such laws, by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchi CONSTITUTION OF ILLINOIS, 109 ARTICLE XII. MILITIA. g I. The militia of the State of Illinois shall consist of all able-bodied male persons, resident in the State, between the ages of eighteen and forty-five, except such persons as now are, or hereafter may be, exempted by the laws o( the United States, or of this State. ^ 2. The general assembly, in providing for the organization, equipment and discipline of the militia, shall conform as nearly as practicable to the regulations for the government of the armies of the United States. I J. All militia officer's shall be commissioned by the governor, and may hold their commissions for such time as the general assembly may provide. S 4. The militia shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at musters or elections, and in going to and returning from the same. I 5, The military records, banners and relics of the State, shall be preserved as an enduring memorial of the patriotism and valor of Illinois, and it shall be the duty of the general assembly to provide by law for the safe keeping of the same. Xo person having conscientious scruples against ng arms, shall be compelled to do militia duty in time of peace: Provided^ such persons shall pay an equivalent for such exemption. ARTICLE XIII. Warehouses. \ r. All elevator- or storehouses where grain or property is stored for a compensation, whether the prop- erty stored be kept separate or not, are declared to be public warehoi; The owner, lessee or manager of each and every public warehouse situated in anv town or city of not less than 100,000 inhabitant-, shall make weekly statements, under oath, before some officer to be desig- -j HO CONSTITUTION OP iLLfffO nated by law, and keep the same posted in some con^ spicuous place in the office of such warehouse, and shall also file a copy for public examination in such place aa shall be designated by law, which statement shall cor- rectly set forth the amount and grade of each and even kind of grain in such warehouse, together with such other property as may be stored therein, and what ware house receipts have been issued, and are, at the time of making such statement, outstanding therefor; and shall, on the copy posted in the warehouse, note daily such changes as may be made in the quantity and grade of" gram in such warehouse; and the different grades of grain shipped in separate lots, shall not. be mixed with inferior or superior grades, without the consent of the owner or consignee thereof. g 3. The owners of property stored in any \\ house, or holder of a receipt for the same, shall alv. be at liberty to examine such property stored, and all the books and records of the warehouse in regard to such property, £ 4. All railroad companies and other common 1 riers on railroads shall weigh or measure at points where it is shipped, and receipt for the full amount, and shall be responsible for the delivery of such amount to the owner or consignee thereof, at the place ^f destination* 8 5. All 1 ail road companies receiving and transport- ing grain in bulk or otherwise, shall deliver the same t" any consignee thereof, or any elevator or public ware- house to which it may be consigned, provided such con- signee or the elevator or public warehouse can be reached by any track owned, leased or used, or which can be used, by such railroad companies; and all rail- road companies shall permit connections to be made with their track, so that any such consignee, and any public warehouse, coal bank or coal yard, may W reached by the cars on said railroad. § 6. It shall be the duty of the general assembly to pass all necessary laws to prevent the issue of false and fraudulent warehouse receipts, and to give full effect to this article of the constitution, which shall be liberally construed so as to protect producers and shippers. And the enumeration of the remedies herein named shall not CONSTITUTION' OF ILLINOIS. Ill be construed to deny to the general assembly the power to prescribe by law such other and further remedies as may be found expedient, or to deprive any person of ex- isting common law remedies. § 7. The general assembly shall pass laws for the inspection of grain, for the protection of producers, shippers and receivers of grain and produce. ARTICLE XIV. Amendments to the Constitution. § 1. Whenever two-thirds of the members of each house of the general assembly shall, by a vote entered upon the journals thereof concur that a convention is necessary to revise, alter or amend the constitution, the question shall be submitted to the electors at the next general election. If a majority voting at the election vote for a convention, the general assembly shall, at the next session, provide for a convention, to consist of double the number of members of the senate, to be elected in the same manner, at the same places, and in the same districts. The general assembly shall, in the act calling the convention, designate the day, hour and plnce of its meeting, fix the pay of its members and officers, and provide for the payment of the same, together with expenses necessarily incurred by the convention in the performance of its duties. Before proceeding, the members shall take an oath to sup- port the constitution of the United States, and of the State of Illinois, and to faithfully discharge their duties as members of the convention. The qualifica- tion of members shall be the same as that of members of the senate, and vacancies occurring shall be filled in the manner provided for filling vacancies in the general mbly. Said convention shall meet within three months after such election, and prepare such revision, alteration or amendments of the constitution as shall be deemed necessary, which shall be submitted to the elec- tor- for their ratification or rejection, at an election ap- pointed by the convention for thai purpose, not le^s than two nor more than six months after the adjournment 112 CONSTITUTION OF ILLINOIS. thereof; and unless so submitted and approved by a ma- jority of the electors voting at the election, no such re- vision, alterations or amendments shall take effect. § 2. Amendments to this constitution may be pro- posed in either house of the general assembly, and if the same shall he voted for by two-thirds of all the mem- bers elected to each of the two houses, such prop amendments, together with the yeas and nays of each house thereon, shall be entered in full on their respec- tive journals, and said amendments shall be submitted to the electors of this State for adoption or rejection, at the next election of members ot the general assembly, in such manner as may be prescribed by law. The pro- posed amendments shall be published in full at least three months preceding the election, and if a majoril the electors voting at said election shall vote for the pro- posed amendments, they shall become a part of this con- stitution. But the general assembly shall have no power to propose amendments to more than one article of this constitution at the same ^es^ion, nor to the same article oftener than once in four years. SEPARATE SECTIONS. No contract, obligation or liability whatever, of the Illinois Central Railroad Company, to pay any money into the State treasury, nor any lien of the State upon, or right to tax property of said company, in accordance with the provisions of the charter of said company, ap- proved February ioth, in the year of our Lord 1851, shall ever be released, suspended, modified, altered, re- mitted, or in any manner diminished or impaired by legislative or other authority; and all moneys derived from said company, after the payment of the Slate debt, shall he appropriated and set apart for the payment of the ordinary expenses of the State government, and for no other purposes whatever. Municipal Subscriptions to Railroads ok Pri- vate Corporations. No county, city, town, township, or other munici- pality, shall ever become subscriber to the capital stock CONSTITUTION OF ILLINOIS. "3 of any railroad or private corporation, or make donation to or loan its credit in aid of such corporation : Provided^ jkowever^ that the adoption of this article shall not be construed as affecting the right of any such municipality to make such subscriptions where the same have been authorized, under existing laws, by a vote of the people of such municipalities prior to such adoption. CANAL. The Illinois and Michigan Canal shall never be sold or leased until the specific proposition for the sale or thereof shall first have been submitted to a vote of the people of the State at a general election, and have been approved by a majority of all the votes polled at such election. The general assembly shall never loan the credit of the State, or make appropriations from the treasury thereof, in aid of railroads or canals; Provided, that any surplus earnings of any canal may be appro- priated for its enlargement or extension. SCHEDULE. £ i. That all laws in force at the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts of this State, individuals, or bodies corporate, shall continue to be as valid as if this constitution had not been adopted, S 2. That all fine-, taxes, penalties and forfeitures, due and owing to the State of Illinois under the present ititution and laws, shall inure to the use of the peo- ple of the State of Illinois, under this constitution. •. Recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Illinois, to any State or county officer or public body, shal] re- main binding and valid ; and rights and liabilities upon same shall continue, and all crimes and tnisdemean- shall be tiied and punished as though no change had n made in the constitution of this State. l County courts tor the transaction of county in counties not having adopted township organs ] continue in existence and exercise their 114 CONSTITUTION OF ILLINOIS. present jurisdiction until the hoard of county commis- sioners provided in this constitution is organized in pursuance of an act of the genera] assembly; and the county courts in all other counties shall have the same power and jurisdiction they now possess until otherwise provided by general law. ^ 5. All existing courts which are not in this condi- tion specifically enumerated, shall continue in existence and exercise their present jurisdiction until other, provided by law. § 6. All persons now filling any office or appoint- ment shall continue in the exercise of the duties the according to their respective commissions or appoint- ments, unless by this constitution it is otherwise directed. g iS. All laws of the State of Illinois, and all official writings, and the executive, legishtive and judicial pro- ceedings, shall be conducted, preserved and published in no other than the English language. § 19. The general assembly shall pass all laws m sary to carry into effect the provisions of this constitu- tion. § JO. The circuit clerks of the different counties having a population over sixtv thousand, shall continue to be recorders (ex-officio) for their respective coun under this constitution, until the expiration of their respective terms. §21. The judges of all courts of record in Cook county shall, in lieu of any salary provided for in this constitution, receive the compensation now provided by law until the adjournment of the first session of the general assembly after the adoption of this constitu- tion. § 22. The present judge of the circuit court of Cook county shall continue to hold the circuit court of Lake county until otherwise provided by law. § 23. When this constitution shall be adopted, and take effect as the supreme law of the State of Illinois, the two-mill tax provided to be annually assessed and collected upon each dollar's worth of taxable property, in addition to all other taxes, as set forth in article fif- CONSTITUTION OF ILLINOIS. 1 1 5 teen of the now existing constitution, shall cease to be jsed after the year or our Lord one thousand eight hundred and seventy. § 24. Nothing contained in this constitution shall be so construed as to deprive the general assembly of power to authorize the city of Quincv to create any in- debtedness for railroad or municipal purposes* for which the people of said city shall have Voted, and to which they shall have given, bv such vote, their assent, prior to the thirteenth day of December, in the year of our Lord one thousand eight hundred and sixty-nine: Pro vided, that no such indebtedness, so created, shall in any part thereof be paid by the State, or from any State revenue, tax or fund, but the same shall be paid, if at all, by the said city of Quincv alone, and by taxes to be levied upon the taxable property thereof: And pro* Videdr further \ that the general assembly shall have no power in the premises that it could not exercise under the present constitution of this State. g 25. In case this constitution and the articles and sections submitted separately be adopted, the existing constitution shall cease in all its provisions; and in case this constitution be adopted, and any one or more of the articles or sections submitted separately be defeated, the provisions of the existing constitution (if any) on the same subject shall remain in force. £ 26. The provisions of this constitution required to be executed prior to the adoption or rejection thereof shall take effect and be in force immediately. Done in convention at the capitol, in the city of Springfield, on the thirteenth day of May, in the year of our Lord one thousand eight hundred and seventy, and of the independence of the United States of America the ninety-fourth. \\6 CONSTITUTION OF THE CONSTITUTION OF THK UNITED STATES PREAMBLE. We, the people of the United States, in order to form a more perfect union, establish justice, insure dom< tranquility, provide for the common defence, pron the general welfare, and secure the blessings of lib< to ourselves and our posterity, do ordain and establish this constitution for the United States of America. ARTICLE I. Of the Legislature. Section I. — i. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Repre- sentatives. Sec. II. — i. The House of Representatives shall he composed of members chosen every second year, by the people of the several states; and the electors in each state shall have the qualifications requisite for electors <>i' the most numerous branch of the state legislature. 2. No person shall be a representative, who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be appor- tioned among the several states which may be included within this Union, according to their respective num- bers, which shall be determined by adding to the whole INITED STATES. I 1 7 number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumera- tion shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term often years, in such man- ner as they shall by law direct. The number of repre- sentatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three; Massa- chusetts, eight; Rhode Island and Providence Planta- tions, one; Connecticut, five; New York, six; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten; North Carolina, five; South Carolina, five; and Georgia, three. 4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. Sec. III. — 1. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote. 2. Immediately after they shall be assembled in con- sequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expira- tion of the second year, of the second class at the expi- ration of the fourth ye&C^and of the third class at the ex- piration of the sixth yea/, so that one-third may be Chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legis- lature of any state, the executive thereof may make tem- porary appointments until the next meeting of the legis- lature, which shall then fill such vacancies. 3. No person shall be a senator, who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when -J2 1 1 8 CONSTITUTION OF THE elected, be an inhabitant of that state for which he shall be chosen. 4. The Vice President of the United States shall be President of the Senate; but shall have no vote, 111 they be equally divided. 5. The Senate shall choose their other officers, and also a President, pro tempore, in the absence of the Vice- President, or when he shall exercise the office of Presi- dent of the United States, 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath of affirmation. When the President of the United States is tried, the chief justice shall pre- side; and no person shall be convicted without the 1 currence of two-thirds of the members present 7. Judgment) in cases of impeachment, shall not ex- tend further than to removal from office, and disqualifi- cation to hold and enjoy any office of honor, tin profit, under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law. Sec. IV. — 1. The times, places and manner of hold- ing elections for senators and representatives, shall he prescribed in each state, by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing senators. 2. The Congress shall assemble at least once in e^ year, and such meeting shall be on the first Monday in December, unless they shall by law anoint a different day. Sec. V. — 1 Each house shall be the judge of the elections, returns and qualifications of its own members: and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. 2. Each house may determine the rules of its pro- ceedings, punish its members for disorderly behavior, UNITED STATES. II9 and, with the con ;urrence of two-thirds, expel a mem- ber. 3. Each house shall keep a journal of its proceed- ings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and nays o( the members of either house on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Sec. VI. — I. The senators and representatives shall receive a compensation for their services, to be ascer- tained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest, during their attendance at the session of their respective houses, and in going to or returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person hold- ing any office under the United States shall be a mem- ber of either house, during his continuance in office. Sec. VII. — 1/ All bills for raising revenue shall originate in the House of Representatives ; but the Sen- ate may propose or concur with amendments as on other bills. 2. Every bill which shall have parsed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President of the United State-; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the ob- jections at large on their journals, and proceed to rec in- sider it. If, after such reconsideration, two-thirds of that hou-e shall agree t<> pas^ the bill, it shall be sent, ther with the objections, to the Othef house, by 120 CONSTITUTION OF THE which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall I mined by yeas and nays; and the names of the per voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return; in which case, it shall not be a law. 3. Every order, resolution or vote, to which the con- currence of the Senate and House of Representatives may be necessary, (except on question of adjournment,) shall be presented to the President of the United St. and before the same shall take effect, shall be approved by him, or, being disap roved by him, shall be repa by two-thirds of the Senate and House of Representa- tives, according to the rules and limitations prescribed in the case of a bill. Sec. VIII. — The Congress shall have power — 1. To lay and collect taxes, duties, imposts, and ex- cises, to pay the debts and provide for the common de- fense and general welfare of the United State-; but all duties, imposts and excises shall be uniform throughout the United States; 2. To borrow money on the credit of the United States; 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribe 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin ot the United States; 7. To establish pos'ofrices and post roads. 8. To promote the progress of science and useful arts, by securing for limited times to authors and envent- UNITED STATES. 12 1 ors the exclusive right to their respective writings and discoveries. 9. To constitute tribunals inferior to supreme courts; 10. To define and punish piracies and felonies com » mitted on the high seas, and offences against the law of nations; 11. To declare war, grant letters of marque and re- prisal, and make rules concerning captures on land and water; 12. To raise and support armies; but no appropria- tion of money to that use shall be for a longer term than two years; 13. To provide and maintain a navy; 14. To make rules for the government and regula- tion of the land and naval forces; 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions; 16. To provide for organizing, arming and discip- lining the militia, and for governing such part of them as may be employed in the service of the United State*, reserving to the states respectively the appointment of the officers and authority of training the militia accord- ing to the discipline prescribed by Congress; 17. To exercise exclusive legislation, in all cases whatsoever, over such district, (not exceeding ten miles square,) as maw by cession of particular states and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the legislature of the vta'e in which the same shall be, for the erection of forts, magazine-, arsenals, dockyards, and other needful buildings; and iS. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department officer thereof. Si:t . IX. — 1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, — K. 122 CON- i i I I I IOX Ol- Tttfl but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion oi invasion, the public safety may require it. 3. No bill of attainder or cs post facto law shall be passed. 4. No capitation or other direct tax shall be laid unless in proportion to the census or enumeration here- inbefore directed to be taken. 5. No tax or duty shall be laid on articles exported from any state. No preference shall be give*] bv any regulation of commerce or revenue to the ports of (^ul state over those of another; nor shall Vessels bound to or from one state be obliged to enter, clear or pay duties in another. 6. No money shall be drawn from the treasury but in consequence of appropriations made bv law; and a regular statement and account of the receipts and ex- penditures of all public money shall be published from time to time. 7. No title of nobility shall be granted bv the United States, and no person holding any office of profit or trust under them shall, without the consent of Congl accept of any present, emolument, office or title of any kind whatever, from any king, prince or foreign state. Sec. X. — 1. No state, shall enter into any treaty, alliance or confederation; grant letters of marque Ot reprisal; coin money; emit bills of credit; make any- thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility. 2. No state shall, without the consent of Congress, lav any imposts or duties on imports or exports, except what may be absolutely necessary for executing its in- spection laws; and the net produce of all duties and imposts laid by any state on imports or exports shall be for the use ot the treasury of the United St and all such laws shall be subject to the revision and control of Congress. No state shall, without the con- sent of Congress, lay any duty on tonnage, keep troops UNITED STATES. 1 23 or ships of war in time of peace, enter into any agree- ment or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. Of the Executive. Sec, I. — I- The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four pears, and, to- gether with the Vice-President, chosen for the same term, he elected as follows: 2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representa- tives to which the state may be entitled in Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. The electors shall meet in their respective states and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with them- selves. And they shall make a list of all the persons vo'ed for, and of the number of votes for each; which they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the S< nate and House of Representatives, open all the certificates, and the votes -hall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such a majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no p rson have a majority, then, from the five highest on the list, the said House shall in like manner choose the President Hut in choosing the President, the votes shall betaken by states; the representation from each having one vote; a quorum for this purpose shall 124 CONSTITUTION OF THE consist of a member or members from two-thirds of the states, and a majority of all the states shall lie necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be Vice-President. But it there should remain two or more who have equal v< the Senate shall choose from them by ballot, the Vice- President. [The foregoing provisions were changed by the 12th amendment.] 4. The Congress may determine the time of choos- ing the electors, and the day on which they shall g their votes; which day shall be the same throughout the United States. 5. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office President; neither shall any person be eligible to that office who shall not have attained to the age of thirty- five years, and been fourteen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation or inability to dis- charge the powers and duties of the said office, the same shall devolve on the Vice-President and the C may, by law, provide for the case of removal, (bath, resignation or inability, both of the President and Vice- President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be in- creased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States or any of them. 8. Before he enters on the execution of 'his office, he shall take the following oath or affirmation: 9. UI do solemnly swear (or affirm) that I will faith- fully execute the office of Presielent of the United States, and will, to the best of my ability, preserve, pro- tect and defend the constitution of the United States. v Sec. II. — 1. The President shall be commander-in- UNITED STATES. 12^ chief of the army and navy of the United Stales, and of the militia of the several States, when called into the actual service of the United States. He may require the opinion, in writing of the principal officer in each of the executive departments, upon any subject relating to the duties ot" their respective offices; and he shall have power to grant reprieves and pardons, for offences against the United States, except in cases of impeach- ment. 2. He shall have power, by and with the advice and ponsent of the Senate, to make treaties: Provided, two- thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, the appointment of such inferior officers, as they shall think propel', in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacan- cies that may happen during the recess of the Senate, granting commissions, which shall expire at the end of their next session. Sec. III. He shall from time to time, give to Congress information of t lie state of the Union; and recommend to their consideration such measures as he shall judge necessary and expedient. He may, on ex- traordinary occasions, convene both houses, or either oi them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn thi m to such time as he shall think proper. lie shall ive ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and .1 commission all officers of the United State-. EC. IV. The President, Vice-President, and all civil officers of the United States, shall be removed from office, on impeachment for and conviction of trea- . bribery, or other high crimes and misdemeanors. 126 CONSTITUTION OK THE " ARTICLE III. Of the Judiciary. Sec. I. The judicial power of the United St shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good be- havior: and shall, at stated times, receive for their ser- vices a compensation, which shall not be diminished during their continuance in office. Sec, II. — l. The judicial power shall extend to all cases, in law and equity, arising und r this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all c; affecting ambassadors, other public ministers and con- suls; to all cases of admirahty and maratimc jurisdic- tion; to controversies to which the United States shall be a partv ; to controversies between two or more states, be- tween a slate and citizens of another state, between citi- zens of different states, between citizens of the same state, claiming lands under grants of different si and between a state or the citizens thereof, and fon states, citizens or subjects. 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original juris tion.. In all the other cases before mentioned the supreme court shall have appellate jurisdiction, both as io law and fact, with such exceptions and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of im- peachment, shall be by jury, and such trial shall be held in the state where the said crimes shall have been com- mitted; but when not committed within any state, the trial shall be at such place or places as the Congress may, by law, have directed. Sec. III. — 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving aid and comfort. No person shall be convicted of treason., unless on the testirn I n'i i ho ST A i BS. 127 of two witnesses to the same overt act, or on confession 111 open court. 2. The Congress shall have power to declare the punishment of treason: but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted. ARTICLE IV. Miscellaneous. Sec. I. — -1. Full faith and credit shall be given in each state to the public acts, records and judicial pro- ceedings of every other state. And the Congress may. by general laws, prescribe the manner in which such nets tecords and proceedings shall be proved, and the effect thereof. Sec. II. — 1. The citizens of each state shall be enti- tled to all the privileges and immunities of citizens in the several state-. 2. A person charged in any state with treason, felony or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive au- thority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. 3. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in sequence of any law or regulation therein, be dis- charged from such service or labor; but shall be deliv- ered up on claim of the party to whom such service or labor may be due. Sec. Ill, — 1. New states may be admitted by Con- - into this Union; but no new state shall be formed or erected within the jurisdiction of any other state, nor anv state be formed by the junction of two or more 5, or parts of states, without the consent of the leg- islatures of the states concerned, as well as of Congress. 2. Congress shall have power to dispose of, and make all needful rules and regulations respecting the other ] \ belonging to the United and nothing in this constitution shall be so con- 128 CONSTITUTION OF THE Strued as to prejudice any claims of the I nited Stati of any particular state. Sec. IV. The United States shall guarantee to every state in this Union a republican form of govern- ment, and shall protect each of them against invasion; and, on application of the legislature or of the exec: (when the legislature cannot he convened,) against do- mestic violence, ARTICLE V. Of Amendments. i. Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendment- to this constitution; or, on the application ^C the legisla- tures of two-thirds of the several states, shall call a con- vention for proposing amendments, which, in either i shall be valid, to all intents and pun - part ol this Constitution, when ratified by the legislatures of three- fourths of the several states, or by conventions in tl fourths thereof, as the one or the other mode of ratifica- tion may he proposed by Congress: Provided^ that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section ol the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. Miscellaneous. I« All debts contracted and engagements entered into before the adoption of this constitution, shall ! valid against the United States under this constitution, as under the confederation. 2. This constitution, and the laws of the United States which shall he made in pursuance thereof, and all treaties made or which shall he made under the au- thority of the United States, shall be the supreme law of the land; and the judges in every state shall be hound thereby — anything in the constitution or laws of any state to the contrary notwithstanding. J \JNlTED STATfeS. 1^9 3. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound, by oath or affirmation, to support this constitution; but no reli- gious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. Of the Ratification. I. The ratification of the conventions of nine states shall be sufficient for the establishment of this constitu- tion between the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America, the twelfth. GEORGE WASHINGTON, President, and Deputy for Virginia. AMENDMENTS TO THE CONSTITUTION. Article I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or ot the press; or of the right of the people peaceably to assemble and to petition the government for a redress of grievances. Art. II. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. Art. III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. Art. IV. The right of the people to be secure in their persons, houses, papers and effects, against un- liable searches and seizures^ shall not be violated; — K2 130 CONSTITUTION OF TIIK and no warrants shall issue but upon probable a supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Art. V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a present- ment or "indictment of a grand jury, except in 1 arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person he subject for the same offense to he twice put in jeopardy of life or limb; nor shall be com- pelled, in any criminal case, to be a witness against him- self, nor be deprived of life, liberty or property without due process ot law; nor shall private property be taken for public use without just compensation. Art. VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, 1 impartial jury, of the state and district wherein the crime snail have been committed, which districts shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his t. and to have the assistance of counsel for his defense. Art. VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a. jury shall be otherwise re-examined in any COUtl of the United vStates than according to the rules of the com- mon law. Art. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Art. IX. The enumeration, in the constitution, of certain rights, shall not be construed to deny or dispar- age others retained by the people. Art. X. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Art. XI. The judicial power of the United States shall not be construed to extend to any suit in law or UNITED siaiKs. I£t : cquitv commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. Art. XII. — Sec. i. The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least shall not be an inhabitant of the same state with thems Ives: they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice- President, and tbev shall make distinct li>ts of all per- sons voted for as President, and of all persons voted for 18 Vice-President, and of the number of votes for each, which list they shall sign and certify, and trans- mit, sealed, to the seat of government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed: and if no person have such majority, then from the persons having the highest numbers^ not exceeding three, on the list of those voted for as president, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the Presi- dent, the votes shall be taken bv states, the representa^ tion from each state having one vote. A quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessarv to a choice. And if the House of Representatives shall not choose a President when* ver the right of choice shall devolve upon them, before the founh day of March next following, then the Vice- President shall act as President, a- in the case of the death or other constitutional disability of the Presi- dent. Sec. 2. The person having the greatest number of rotes as Vice-President shall be the Vice-President, if uch number be a majority of the whole number <>t electors appointed; and if no person have a majority, then from the two highest numbers on the iist, the 1 3^ * &NS1 I Ji i I OX OF i in. Senate shall choose a Vice-President. A quorum for i he purpose shall consist of two-thirds of the whole number of senators, and majority of the whole number shall be necessary to a choice. Sec. 3. But no person constitutionally ineligible to the orHee of President shall be eligible to that of Vice- President of the United States* ARTICLE XIII. Sec. 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Sec. 2. Congress shall have power to enforce this article by appropriate legislation. ARTICLE XIV. Section i» All persons born or naturalised in the United States, and subject to the jurisdiction thereof) are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immu- nities of citizens of the United States. Nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any pel within its jurisdiction the equal protection of the law-. Sec. 2. Representatives shall be apportioned ltu< the several states according to their respective numbers counting the whole number of persons in each state, excluding Indians not taxed ; but when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers, of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the Unittcl States, or in any way abridged, except for participation in re- bellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of its male citizens shall bear to the whole num- ber of male citizens twenty-one years of age in such state. UNITED STATES. *33 Sec. 3. No person shall be a senator or representa- tive in Congress, or elector of President and Vice-Presi- dent, or hold any office, civil or military, under the United States, or under any State, who, having pre- viously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof; but Congress may, by a vote of two-thirds of each House, remove such disability. Sec. 4. The validity of the public debt of the United States authorized by law, including debts in- curred tor the payment of pensions and bounties for ser- \ ice in suppressing insurrection or rebellion, shall not be questioned ; but neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave, but all such debts, obligations and claims, shall be held illegal and void. Sec. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ARTICLE XV. Sec. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or any state on account of race, color or previous condition of servitude. :c. 2. The Congress shall have power to enforce this article by appropriate legislation. 134 RATES OE POSTAGE, RATES OF POSTAGE. Domestic. — On all Letters throughout the United States, 3 cents each half ounce or fraction then Drop or Local Letters, 2 cents where there is a : carrier's delivery. At other offices 1 cent. Valuable Letters may be registered by the payment of a registration fee of 10 cents. Money can be sent with absolute safety by mail by procuring a money order. The fees are, for an\ sum not to exceed $15, ten cents; for any sum over $ not to exceed $30, fifteen cents; for any sum over and not to exceed $40, twenty cents; for any sum over $40, and not to exceed $50, twenty-live cents. Books and unsealed circulars will be transmitted from any postoffice within the United States to any other postoffice within the United States for one csnt /or every two ounces or fraction thereof. On all Transient Newspapers, or other Printed M ter (Books and Circulars excepted), and on all Si Cuttings, &c., Pamphlets, H;>ok MSS< and J' Sheets, Maps, Engravings, Planks, Patterns, Envel- and Photographs, contained in one package, to one ad- dress, one cent for each two ounces or fraction thereof. All Transient Matter, except duly certified letters of Soldiers and Sailors, must be prepaid by Stamps. $^T* No package will be forwarded which weighs over four pounds, except books published or circulated by order of Congress. Foreign. — On letters to Great Britain and Ireland. — For every half ounce or fraction thereof, five cents; prepayment optional. To the German States. — For every half ounce or frac- tion thereof, five cents. To France. — For every half ounce or fraction thereof five cents. To Canada, and other British North Americar provinces, mail will be carried for the same price as charged in the United States, but prepayment is com- pulsory. THE NEW STATE HOUSE I35 m P6fi THE NEW STATE HOUSE, The agitation for the building of a new State House in Springfield, commenced about the year 1S65, and the project was well matured upon the meeting of the 25th genera] assembly, in January, 1867. The citizens of Springfield had felt some concern lest a movement should develope in favor of a relocation of the seat of state government, and in the two years preceding the ion of 1S67, they lent their aid and energies to the building of the magnificent Lei and Hotel, and also to the erection of a commodious Opera House. Whatever may be said of Springfield as a geographical location, it must be conceded that her citizens have shown, not I36 HISTORY OF THE only energy, industry and pluck, but generosity, liber- ality and enterprise, in promoting every measure or movement calculated to keep the seat of government with them, and to rear in their midst a State House not excelled in architectural design, elegance or commodi- ousness, in the United States. The ground upon which the X#cw State House IS located, is bounded by Second, Monroe, Spring and Charles streets, and contains between eight and nine acres. In 1865 it was owned by three persons, viz; Mrs. Mather, Geo. W«JuddfandJ. C.Conkling. Mrs, Mather occupied about two- thirds of the entire lot, upon which was a fine residence, surrounded with native for- est trees. A portion of this lot was selected in iS a burial place for the remains of the lamented Lincoln, and as a site for the erection of a monument to his memory; but Mrs. Lincoln objecting, the project was transferred to Oak Ridge. The residence ownfcd by Mr. Judd, still stands on the southwest coiner of the lot. Mr. Conkling's portion was vacant, but he was preparing to build upon it a fine residence. It had become apparent that the State of Illinois re- quired a larger and more commodious state building, and the only question which seemed to be in issue was, shall the building be located in Springfield or elsewhere. After a somewhat exciting debate, the bill passed au- thorizing the sale of the Old State House and the erec- tion of a new one upon the site described. The bill stipulated that the city of Springfield and county of Sangamon, should pay to the State for the Old State House, the sum of two hundred thousand dollars, and also convey to the State the said ground. The following persons were named in the act as com- missioners to superintend the erection of the New State XI-:\Y STATE HOUSE. 1 37 House, viz: John W. Smith, John J. S. Wilson, Philip Wadsworth, James C. Robinson, Wm.J, Van- deveer, \Ym. S. Ilambleton, and James H. Beveridge. Julius C. Webber was appointed secretary of the board. The bill was approved and became a law Feb. 25, 1S67. The sum paid by the citizens of Springfield and vicinity, for the ground for the New State House was, to Mrs. Mather, $44,000; to Mr. Judd, $13,000; to Mr. Conkling, $12,000; total, $69,000. On the 13th of March, 1S67, the commissioners met. J. S. Wilson having resigned, Jacob Bunn was ap- pointed by the Governor in his stead. The commis- sioners organized by the appointment of Mr. Bunn as president Steps were immediately taken to procure for the State, title to the grounds, and the matter was forthwith satisfactorily consummated. A " Notice to Architects " was immediately published in some of the principal cities, stating that plans for a State House would be received by the boaid at any time prior to 12 o^clock of July 2, 1S67, and a premium of $3,000 given for the plan or design that should be selected and adopted. Twenty-one designs were received, and after a careful examination of all, that presented by John C. Cochrane, of Chicago, was adopted by an almost unani- mous vote, and he received the premium of $ 3, 000. The commissioners, in January following, appointed Mr. Cochrane architect and superintendent of the work, and commenced active preparations for the foundation of the building. The first Stone was delivered on the ground on the first day of May, the first concrete put in the trenches and the first stone placed in position on the Ilth of June, 1S6S. The corner stone was laid, with appropriate ceremonies, on the 5th of October following, on which occasion an ad Iresa was delivered by lion. J. I3§ HISTORY OF THE D. Caton, from which we learn that the present is the fourth State House owned and occupied by the State, not counting the first, which was erected before the organization of the State. The territorial capital was at Kaskaskia, and the capital building was an old stone house, which has been thus described by the venerable Judge Breese: u It was a large, rough building in the center of 1 square, in the village of Kaskaskia, the body ol it being of uncut lime-stone, the gables and roof which w the gambriel style, of un painted boards and shingles, with dormer windows. The lower floor, a large and cheerless room, was fitted up for the House, whilst the Council sat in a small chamber above, around a circular table; and, it is said, when the labors of the day were over the interesting game of wloo" at once succeeded. This venerable building was, during the time of the French occupancy of the country, prior to 1773, the headqnarters of the military commandant, and doubt- less, within its walls, many an arbitrary edict was framed, to be executed with all the severity attendant upon the administration of military law by a military man.'" The first constitution of this State provided that the seat of government should remain at Kaskaskia until the general assembly should otherwise direct. At the first session of the general assembly Congress was petitioned to grant to the State a quantity of land upon which to establish the seat of government, which point should remain the capital for not less than twenty years. The petition was granted, and a site was selected on the Kaskaskia river, and a town laid out which was christened "Vandalia." It the center of the square was erected the "State House," a plain two-story fr; M-W STA1 h Kul sK. 1^9 building, oi rude architecture, set upon a rough stone foundation. The lower floor of the building was devoted to one plain room, devoid of all ornament, and a passage and stairwav to the upper storv, which con- tained the rooms, one for the Senate and one for the etary of State. The House of Representatives met in the large room on the first floor, and the Auditor and Treasurer occupied detached buildings. This building was erected in iSjo, but some years afterward. destroyed by fire. It was succeeded by a com- modious brick building, which is now occupied as their court house by the people of Fayette county. The twenty years having expired, there commenced an agitation for the removal of the capital. Springfield won the prize without much contest. The State made a large appropriation^ and the inhabitants of Springfield contributed liberally to the erection of a State House. She result is seen in the stone building on the square. When reared, it was the wonder of the country around, exceeding in style all other structures of every kind. The thought was scarcely entertained that the State would ever need a larger or more commodious building. The Xew State House is certainly grand and mag- nificent. As far a< completed, it is said that it is not excelled by any State House in the Union, although others have cost twice and three tim< *s the ^um that this has. The limit of appropriation allowed by the consti- tution has been reached, viz: $3,500,000, but it is far from being finished or furnished. To thoroughly finish and furnish the building and it- surroundings, according to the designs, will cost not less than a half million more. It will require a vote of the people to make any Anther appropriation, and under the restrictions of the constitu* I4O HISTORY OF THE tion no vote can be reached sooner than November, 1878. The unfinished portions of the building pertain prin- cipally to the dome, the porticos, and the basement story. The outside grounds are also left to weeds, or as a public common. It is claimed that a large sum appro- priated for the construction of the building has n< sarily been diverted to defend lawsuits, ard to meet legislative investigations, and that it will not be an in- fringement of the constitution to appropriate a sum equivalent to the sum so diverted which may be used to fence the grounds, and to complete such portions of the building as may seem most pressing. Upon the whole, the people of Illinois are to be con- gratulated upon their New State House. Although it will seat more than originally designed, it is nowhere charged that the money appropriated has not been honestly and economically applied. It has been con- structed with comparatively few accidents either to life, limb or property. Two men have been killed, one by a fall from a scaffold of his own construction, of the in- sufficiency of which he was duly warned. He fell about twelve feet, striking his head on a stone, and died in about two hours. The other fell from a ladder which he was ascending with a bag of cement on bis shoulder. He missed his hold, fell backward about twelve feet, and was almost instantly killed. Both these men were laborers from Chicago. A most remarkable accident occurred to a brick layer. He fell ninety-six feet through a flue five by seven feet, and was not perma- nently injured, being confined to the house only about three weeks from the bruises and scratches which he received. Three men have had limbs broken; the acci- \ i.w m aii: 1101 si-:. 141 dents general! v occurring from lack of caution by the parties injured. In the erection of the dome, on two or three occa- sion< large stones fell from above the level of the roof to the basement floor. One of these, weighing about foul tons, fell outside of the dome, and came crashing through floors, plaster and beams, at the north end of the south corridor. In one respect it was a fortunate accident. Xo one was hurt, and a foot or two variation from the place it fell would have increased the damage four or ten fold. As it was*, the damage did not exceed three hundred dollars* About the first of January, 1S75, Mr. A. H. Pique- nard, who has been associated with Mr. Cochrane, the supervising architect, became acting architect and superintendent. He was a man of eminent abilities in his profession, and this State House was the pride of his professional life. During the last year his health became impaired, and on the 19th of November, 1876, he died sincerely lamented by many friends. Mr. Piquenard was born and educated in France, and came to thi< country in 1848, settling with a French colony at Xauvoo in this State. He soon after went to Texas, from there to New Orleans, and afterward settled En St. Louis. When the war broke out he enlisted in the Union army and was made captain of engineers. He in connection with Mr. Cochrane, furnished the plan for a State House which was adopted by Iowa, and chosen architect of the building, which position he held at the time of hifl death. In ting man named \V. E. Bell became ciated with Mr. Piquenard asa student and assistant. Upon the death of Mr. P., Mr. Bell was given charge the construction, and is now superintendent He is — L2 142 HISTORY OF THE entitled to much commendation for the ability which he displayed, and for the industry and integrity which has ever characterized his course during the eight years he has been connected with the erection of thebuilding. The state officers vacated the old State House and moved into the new building about the first of January, 1876. The old building was immediately occupied by the county officers of Sangamon county, and the state has now no occupancy or interest in the old building. The convenience and capacity of the new State House in contrast with the old one, is like moving from a hovel to a palace. The Governor has a suit of four rooms, to-wit : Ante-room, reception room, secretary's room, and [ ernor's private room. The reception room, in its dec- orations, is the finest in the building. It is not furnished by reason of lack of funds. The Other rooms are neatly and appropriately furnished and are now occoupied. This suit of rooms is on the right hand of the main east entrance. The first door opens into the ante-room, thence to the secretary's room, thence to the governor's room. The second door in the corridor opens into the reception room, from w hich enterance is made to the secretary's room. On the left of the main east entrance are the rooms of the Secretary of State. The first door on the cor- ridor admits to the ante-room of the Secretary; the second door on the corridor admits to the public or business room of the State Department. The rooms of this department extend to and connect with two rooms which open out into the south corridor. One of these rooms is occupied as the State Library, and the other as a copying room. A winding stairway connects the upper rooms of the State Department with a number of SM-:w si a IK iioisfe. 143 rooms immediately underneath in the basement story, which are also assigned to the Secretary of State, and are used for the storage of paper, stationery, documents, etc., and also for the shipping and receipt of State packages. The first door on the right of the north corridor, admits to the rooms of the Auditor of Public Accounts. This department also connects by stairway to the basement story. The rooms of the Auditor are large and convenient, with fire-proof vaults^ closets, etc., but are limited to three in number. On the left of the same corridor is the Agricultural Department. The first door admits to the office of the Secretary of the Agricultural Board. He has a suit of elegante rooms, adjoining which is a large hall de- signed as an Agricultural Museum. At present it is onlv occupied with rubbish. Hopes are expressed that it will not always be thus* The second door on the right of the north corridor opens into the Treasury Department. Ample facilities are afforded the people to draw all the money that their warrants call for, but they must keep on the outside of the counter. The private room of the State Treas urer is convenient to the public room, and also to the great vault in which is stored the money and securities held by the State. As an indication of the lack of con- fidence by the Treasurer in human nature we remark, incidentally, that he always keeps thedoor of his private room locked. The door opposite that of the Treasurer, on the easl side of the corridor, opens into the room occupied by the Secretary of the Board of Public Charities. The door on the east Side, at the extreme end of the 144 insToin ui iiik new STATE holm.. south corridor, lends to the rooms of the Superinten- dent of Public Instruction. All the rooms on the west side of the south corridor, together with the rooms on the south side of the west corridor, are connected with the Supreme Court. The court room is finished with great splendor. The large room beyond the grand stairway, on the west corridor, is designed for use as the Law Library. The rooms on the north side of the west corridor are assigned to the Attorney-General. A stairway from the north corridor, and also a stair- way from the south corridor lead to the upper story where are located the Senate and Representative cham- bers, and some twenty or thirty rooms adjacent thereto for use of committees, officers, etc. The grand stairway is found in the west corridei '. The Senate chamber is in the north wing, and the Representative chamber is in the south wing of the building. Rooms have been assigned to the officers of the two houses, and to the various committees, and the doors neatly placarded. Roonb have also been set apart for the use of newspaper reporters and telegraph operators. The postoffices of the two branches of the general assembly are close at hand and conveniently arranged. There will also be found hat and cloak rooms, smoking rooms, etc. The building is com- fortably warmed by means of both hot air and steam, and a system of ventilation adopted in accordance with the most approved plans. The chandihers are lighted by means of electricity. The people are, and ought to be pleased with their new State House. It is a monument of the growth of our State and the enterprise of her citizens. Our Rep* resentatives should guard, protect and preserve it, as lords of their castle. RULES OF THE SENATE. 1 45 RULES OF THE SENATE. 1. A majority of the Senate shall constitute a quo- ruin, hut a smaller number may adjourn from day to day and compel the attendance of absent members. ^. The Senate shall keep a journal of its proceedings, which shall he published. At the request of two mem- the yeas and nays shall he taken on any question, and entered upon the journal. 3. Any two members of the Senate shall have liberty to dissent and protest, in respectful language, against any act <' 'ion which they may think injurious to the public or to any individual, and have the reason of their sent entered on the journal. 4. The Senate may punish its members for disorderly behavior, and with the concurrence of three-fourths of all the meml cted, expel a member, but not a second time for the same cau and nays, upon each bill separately, and shall be entered upon the journal, and no bill shall become a law without the concurrence of a majority of all the senators elect. 9. Every bill shall be read at large on three differ- ent days, and the bill and all amendments shall be printed before the vote is taken on its final passage. I)r i iks of the President. 10. The Lieutenant-Governor, or, in his absence, the President, pro tempore, or, in the absence of both, any Senator called to the chair by the Senate, shall take the chair every day precisely at the hour to which the Senate shall have adjourned; shall immediately call the members to older, and on the appearance of a quorum shall cause the journal of the pit ceding day to he read; and in all cases, in the absence of a quorum, the mem- bers may take such measures as shall be necessary to procure the attendance of absent members; and the President with the consent of the members present, or in the absence of the President and President, pro tempore, any Senator called to the chair, may adjourn from day to day until a quorum shall be present. 11. The presiding officer shall preserve decorum and order; may speak to points of order, in preference to other members, rising from his seat for that purp and shall decide questions of order, subject to an appeal to the Senate by any two members; on which appeal no member shall speak more than once, unless by leave of the Senate. 12. He shall rise to put a question, but may state it sitting. 13. Questions shall be distinctly put in this form, viz: "As many as are of the opinion that — (as the case may be) say Aye," and, after the affirmative voice is expressed, "As many as are of a contrary opinion, say No." If the President doubt, or a division be called for, the Senate shall divide; those in the affirmative shall first rise from their seats, and afterwards those in' the RULES OF THE SENATE. 147 negative. If the President still doubt, or a count be required, the President shall name two members — one from each side — to tell the members in the affirmative, which being reported, he shall then name two otheis — one trom each side — to tell those in the negative; which being also reported, he shall rise and state the division of the Senate. 14. The President shall examine and correct the journal before it is read; he shall have a general direc- tion of the hall; he shall have a right to name any member to perform the duties of the chair, and such substitute shall be vested with all the powers of the President during the time he shall act as such, and shall not lose the right of voting on any question while so presiding. 15. All committees shall be appointed by the Presi- dent, unless otherwise specially ordered by the Senate, in which case they shall be appointed by ballot; and if upon such ballot the number required shall not be elec*ed by a majority of the votes given, the Senate shall proceed to a second ballot, in which a plurality of the - shall prevail: and in case a greater number than is required to compose or complete a committee shall have an equal number of votes, the Senate shall proceed to further ballot or ballots. 16. In case of any disturbance or disorderly conduct in a lobby or gallery, the President (or chairman of the committee of the whole Senate) shall have power to order the same to be cleared. 17. The President shall assign to the Sergeant-nt- Arms and his assistants their respective duties and stations. lS. When any member is about to speak, or deliver any matter to the Senate, he shall rise from his seat and address himself to u Mr. President," and shall confine himself to the question on debate, and avoid personality. 19. If any member in speaking, (or otherwise,) tram e rules of the Senate, the President shall, or any member may, call him to order; and in which the member so called to order rfhall immediately sit down, unless permitted to explain; and the Senate, if appealed to, shall decide on the case, without debate. T4S RULES OF THE SENATE. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise! and the case require it, he shall be liable to the censure of the Senate. 20. If a member be called to order for words spoken in debate, the person calling him to order shall repeal the words excepted to, and they shall be taken down at the Secretary's table, and no member shall be held to answer or be subject to the censure of the Senate for words spoken in debate, if any member lias spoken in debate or other business has intervened after the words spoken and before exceptions to them shad have been taken. 21. When two or more members happen to rise at once, the President shall name the member who IS first to speak. 22. No member shall speak more than twice to the same question, without leave of the Senate; nor more than once, until every member choosing to speak shall have spoken; nor longer than fifteen minutes, at any one time, without the consent of the Senate. 23. While the President is putting any question, or addressing the Senate, no member shall walk out across the room; nor in such case, or when a number is speaking, shall entertain private discourse; nor when a member is speaking, slvill pass between him and the chair. 24. Every member who shall be in the Senate when a question is put shall give his vote, unless the Senate shall, for special reasons, excuse him. 25. No member shall be permitted to vote on any question unless within the bar before the vote is an- nounced. 26. No motion shall be entertained and debated until the same shall he seconded. 27. When a motion is made and seconded it shall be stated by the President, or being in writing, shall be handed to the Secretary, and read aloud before debate. 28. Every motion shall be reduced to writing, if the President or any member desire it. 29. When the yeas and nays shall be taken on any RULES OF THE SENATE. I49 question, no member shall be permitted to vote after the decision is announced From the chair, unless by the unanimous consent of the Senate. 30. After a motion i< stated by the President, or read by the Secretary, it shall be deemed in the possession of the Senate, but may be withdrawn at any time before decision or amendment. 31. When a question is under debate no motion shall be received but to adjourn, to call the house, to lav on the table, the previous question, to postpone indefinitely, to postpone to a day certain, to commit or to amend; which several motions shall have precedence in the order they stand arranged. ;:. A motion for adjournment shall always be in order, and be decided, as well as the motion to lay on the table, without debate. No motion to postpone to a day certain, or in- definitely, or to commit, being decided, shall again be allowed on the same day and at the same stage of the bill or proposition. ;;. A motion to strike out the enacting words of a bill shall have precedence of a motion to amend, and, if carried, shall be deemed equivalent to its rejection. 35. When a blank is to be rilled, and different sums or times are proposed, the question shall first be put on the largest sum and the longest time. Xo person shall be permitted to smoke in the Senate chamber, or to give any signs of approbation or ipprobation, while the Senate i> in session. ill be the duty of the secretary to keep a journal, in which he shall seasonably record the motions, utions, rules and decisions of the Senate; and to do and perform all such other acts appertaining to his office, tv be required of him by the Senate orit*> presiding officer. 3S. It shall be the duty of the sergeant-at-arms to attend the Senate during its sittings, to execute the com- mands of the Senate from time to time, together with all ^uch pro ,ed by authority thereof, as shall be directed to him by the President. The following standing committees shall be ap- ited, with leave to report by bill or otherwise: RULES OF THE SENATE. i. Judiciary — Fifteen members. 2. Judicial Department — Eleven members. 3. Railroads — Fifteen members. 4. Warehouses — Nine members. 5. Finance — Nine members. 6. Revenue — Thirteen members. 7. Expenses of General Ass mbly — Seven oiemtx 8. Municipalities — Eleven members. 9. Insurance — Eleven members, 10. Corporations — Nine members. 11. Banks and Banking — Five member-. 12. State Charitable and Educational Institutions — Thirteen members. 13. Penal Institutions — Nine members. 14. Reformatory Institutions— Seven members. 15. Public Buildings and Grounds — Seven members. 16. Education— El ven members. 17. Canals and Rivers — Thirteen memlx 18. Appropriations — Thirteen members. 19. Agriculture and Drainage — Nine members. 20. Horticulture — Seven members. 21. Mines and Mining — Nine members. 22. Manufactures — Seven members. 23. Counties and Township Organization — Eleven members. 24. Fees and Salaries — Nine members. 25. Printing — Seven members. 26. Military Affairs — Five members. 27. Roads, Highways and Bridges — Nine member-. 2$. Federal Relations — Seven members. 29. Elections — Seven members. 30. S'ate Library — Fiv* memb rs. 31. Engrossing and Enrolling Bills — Five members. 32. Geology and Science — Five members. 33. Miscellany — Seven members. 40. All resolutions presented to the Senate shall lie one day on the table, unless otherwise ordered. 41. If the question in debate contains several points, any member may have the same divided; but on a motion to strike out and insert, it shall not be in order to move for a division of the question; but the rejection of a motion to strike out and insert one proposition shall RULES OF THE SENATE. Kl not prevent a motion to strike out and insert a different proposition nor prevent a subsequent motion to strike out and insert. 42. The unfinished business in which tbc Senate was engaged at the last preceding adjournment shall have the preference in the special orders of the day, 43. When a question has been once made and car- ried in the affirmative or negative, it shall be in order for a member of the majority to move a reconsideration thereof; but no motion for the reconsideration of any vote shall be in order after a bill, resolution, message, report, amendment, or motion upon which the vote was taken shall have gone out of the possession of the Senate; nor shall any motion for reconsideration be in order, unless within the next day of actual session of the Senate thereafter. Such motion shall take precedence of all other questions except a motion to adjourn. 44. A bill may be referred to a committee without reading, but shall be read before amended, and may be amended in every particular on second reading. A bill read once and referred, shall be read a second time be- fore amended. 4v No amendment shall be in order at the third reading of a bill, resolution or motion, requiring three readings, unless by unanimous consent of the members present; but it shall be at all times in order, before the final passage of such bill, resolution or motion, to move its commitment. 46. No bill shall be printed, except it be ordered by a two-thirds vote, until it shall have been favorably re- ported upon by a committee; except upon application of the committee having the bill under consideration. ^7. When motions are made for reference of the same subject to a select committee, and to a standing committee, the question in reference to a standing com- mittee shall be first put, 48. Upon the call of the Senate, the names of Senu- shall be called over by the Secretary, and the ab- sentees noted, after which the names of such absentees shall again be called over; the doors shall then be closed, and those for whom no excuse, or insufficient excuses are made, may, by order cf those present, be taken into <52 RULES OF THE SENATE. custody, as they appear, or may be sent for, and taken into custody, wherever to be found, by the sergeant- -at-arms of the Senate. 49. No amendment, by way of rider, shall be re- ceived to any bill on its third reading. 50. In forming a committee of the whole house, the President shall leave the chair, and a chairman to pre- side in committee shall be appointed by the President. 51. Upon bills being committed to a committee of the whole house, the bill shall be first read throughout by the Secretary, and then again re&d and debated by clauses, leaving the preamble to be considered last. After report of said committee, the bill or motion shall again be subj Ct to debate or amendment before a ques- tion to engross is taken. Upon the second reading of a bill the same shall be considered by sectioi ^2. When an emergency is expressed in the | amble or body of an act, a- 1 reason why Mich aet should take effect prior to the first day of July next after its passage, and when such aet contains a clause, or proviso, fixing such time prior to the first day of July, the ques- tion put shall be, "Shall the bill pass?" and if de> affirmatively b\- a vote of two-thirds of all the mem elected to the Senate, thai the bill shall be deemed passed; but if upon such vote a majority of less than two-thirds of said members vote affirmatively on question, then the VOte on -aid bill shall be deemed reconsidered, and the bill subject to amendment by striking out such part thereof a- expresses an emergency and time of taking effect, and then said bill shall be under consideration, upon its third reading, with the emergency clause and time of taking effect stricken out. 53. The rules of parliamentary practice comprised in Cushing's Manual shall govern the Senate in all cases in which they are applicable, and not inconsistent with the standing rules and orders of the Senate 54. A motion to commit, until it is decided, shall preclude all amendments and debate on the main cpies- tion; and a motion to postpone indefinitely, or to a day certain, until it is decided, shall preclude all amendments on the main question. 55- Upon a motion to reconsider the vote on the RULES OF TITK SENATE. 153 final passage of any bill, a majority of all the members elect shall be required to reconsider the same. 56. If a bill shall fail to pass on account of not having received the constitutional majority, any Sena- tor having voted in the negative shall have a right to move a reconsideration. 57. No motion or proposition on a subject different from that under consideration shall be admitted under color of am ndment. 58. Xo rule of the Senate shall be altered, suspended, or rescinded, without the votes of two-thirds of the mem- bers present. 59. No person, except members of the House of Representatives and their officers, heads of executive departments of this state, chaplains, judges of the United St; v*s courts, and supreme and circuit judges of this state, former governors and lieutenant governors of this state, and reporters for the press, shall be admitted within the bar of the Senate, unless by leave of the President of the Senate. 60* Order of Business, 1. The reading of the journal. 2. The presentation of petitions. 3. Reports from standing committees, 4. Reports from select committees. 5. Introduction of bills. 6. Reading bills of the Senate the third time. 7. Reading bills of the Senate the second time. S. Reading bills of the Senate the first time. 9. Reading bills from the House of Representatives the third time. 10. Reading bills from the House of Representatives the second time. 1 1. Reading bills from the House of Representatives the first time. 12. Messages from the House of Representative 1 3. Presentation of resolutions. And when the Senate shall have passed from one order to another, no action shall be had upon the orders —Ma 154 RULES OF THE SENATE. passed, except by leave of the Senate; and to give this leave^ two-thirds of the Senators present must concur. Of the Previous Question. 61. The previous question shall be put in this form i "Shall the main question be now put?'1 and until it is decided shall preclude all amendments or debate* 62. When, on taking the previous qut stion, the Senate shall decide that the main question shall not now be put, the main question shall he considered as still remaining under debate. 63. The effect of the main question being ordered shall be to put an end to all debate, and bring the Senate to a direct vote — first upon all amendments reported Of pending, being first applied to the amendment last moved, and then on the main question. 64. After the motion for the previous question has prevailed, it shall not be in order t-> call the Senate prior to a decision of the main question. 65. The Senate may at any time, by a majority vote, close all debate upon a pending amendment, or an amendment thereto, and cause the question to be put thereon, and this shall not preclude further amendment or debate upon the main subject. Of Executive Communications and Nomina- tions. 66. Messages from the Governor :\nd communica- tions from state officers may be received at any time, except when the President is putting a question, or the ayes and noes are being called, and upon motion may be considered at any time. The consideration of execu- tive business shall take place with open doors, unless otherwise ordered by a majority of the senators present. 67. If the Senate receive any nominations, the Presi- dent shall put the following qustion : " Does the Senate advise and consent to the nomination just made? " And the nomination may be referred to a standing or a select committee; and while any nomination remains with the Senate, it shall be in order to reconsider anv vote taken thereon. IULES OF THE HOUSE 155 RULES OF THE HOUSE. DUTIES OF SPEAKER. 1. He shall take the chair every day at precisely the hour to which the House shall have adjourned on the preceding day J shall immediately call the members to. order, and on the appearance of a quorum, shall cause the journal of the preceding day to be read. 2. He shall preserve decorum and order; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House by any two members; on which appeal no member shall speak more than once, unless by leave of the House. 3. He shall rise to put a question, but may state it sitting. 4. Questions shall be distinctly put in this form, viz: uAs riiariy as are of the opinion that (as the case may be) sav 'Avc,;M and after the affirmative voice is ex- pressed: uAs many as are of the contrary opinion, say 'No.'" If the Speaker doubt, or a division be called for, the House shall divide: those in the affirmative shall first rise from their seats, and afterwards those in the negative. [f the Speakci still doubt, or a count be re- quired, the Speaker shall name two members — one from each side — to tell the members ill the affirmative; which being reported, he shall name two other members — one from each side — to tell those in the negative; which be- ing also reported, he shall rise and state the decision of the House. 5. The Speaker shall examine and correct the jour- nal before it is read. He shall have a general direction of the hall. lie shall have the right to name any mem- 156 RULES OF THE HOUSE. ber to perform the duties of the chair; but such substi- tution shall not extend beyond one day after an adjourn- ment. 6. All committees shall be appointed by the Speaker, unless otherwise specially directed by the House. 7. All acts, address* s and joint resolutions shall be Signed by the Speaker; and all writs, warrants and subpoenas, issuer! by order of the House, shall be under his hand and seal, and attested by the Clerk. 8. In case of any disturbance or disorderly conduct in the lobby or gallery by the spectators, the Speaker or chairman of the committee of the whole house shall have power to order the lobby or gallery to be cleared. 9. The Speaker shall vote in all cases; and if, alter be shall have voted, the House shall be equally divided, the question shall be decided in the negative. Order 01 lb si nbss. 10. The following shall be the order of business of the House: 1. The reading of the journal. 2. Petitions. 3. Reports from standing committees. 4. Reports from select committees. 5. Unfinished business and messages on Speaker's desk. 6. Introduction of bills. (See rule //.) 7. House bills on first reading. 8. House bills on second reading. 9. Consideration of bills by sections. 10. House bills on third reading. 11. Senate bills on first reading. 12. Senate bills on second reading. 13. Senate bills on third reading. 14. Senate messages other than bills. 15. Resolutions. Provided, however, that after the reading of the jour- nal each day the House shall proceed with the regular orders, commencing in the order upon which it was en- gaged at the time of the adjournment on the preceding RULES OF THE HOUSE. I57 day, first disposing of the particular business of the order which may have been pending at adjournment; and as soon as the regular orders have been thus called through, the call shall be resumed, commencing with the first order and proceeding in the same manner. n. When the roll shall be called for the introduction of bills, each member may introduce two bills. Should the call not be completed on the day it is commenced, it shall be resumed the following day, commencing at the point where it was suspended on the previous day. 12. General appropriation bills shall be in order in preference to any other bills, unless otherwise ordered. 13. All questions relative to the priority of business to be acted on, shall be decided without debate. 14. When a bill shall have been reported back to the House by a committee, with the recommendation that the same pass, it shall then be printed for the use of the House. But where the committee report that the bill do not pass, the same shall not be printed unless ordered by the House. 15. The Clerk shall indorse on every bill the number thereof, the name of the member introducing it, the date of introduction, and the several orders taken thereon; and when printed, said several indorsements shall be printed at the head of the bill. 16. After a bill has been read the first time the Speaker shall state that the bill is ready for commitment, or to be ordered to a second reading. 17. After the consideration of a bill by sections, the Speaker shall state that the bill is ready to be engrossed for a third reading; and no bill shall be ordered to a third reading, or considered in committee of the whole, until three days after it shall have been printed and deposited in the postoffice boxes of the members. The Clerk shall, as soon as any bill is printed, place the same in the postoffice boxes of the members. All amendments to bills, except amendments by striking out, shall be printed when adopted, and shall be in like manner deposited in the postoffice boxes of the mem- bers one day before such amended bill shall be ordered to a third reading, or considered in the committee of the whole. —X 158 RULES OF THE HOUSE. 18. On the final passage of all hills, the vote shall be hy yeas and nays upon each bill separately, and shall he entered upon the journal. 19. When an emergency is expressed in the preamble or body of an act, as a reason why such act should take effect prior to the first day of July next after its and when such act contains a clause or proviso fixing such time prior to the first day of July, the question put shall be "Shall the bill pass? and if decided affirmative- ly by a vote of two-thirds of all the members elected to this House, then the bill shall be deemed passed; and if upon such vote a majority of said members elected, but less than two-thirds thereof, vote affirmatively on question, then the vote on said bill shall be deemed re- considered, and the bill subject to amendment by striking out such part thereof as expresses an emergency and the time of taking effect, and then said bill shall be under consideration, upon its third leading, with the emergency clause and time of taking effect stricken out. 20. Every bill shall be read at large on three dif- ferent days. Miscellaneous. 21. No member shall vote on any question in the event of which he is immediately and particularly in- terested. 22. Every member who shall be within the bar of House when a question is put, shall vote, unless the House shall excuse him. 23. The yeas and nays shall be taken on any question upon the demand of five members. 24. Upon a call of the House for the yeas and nays on any question, the names of the members shall be called in alphabetical order. 25. No person shall visit or remain at the Clerk's table while the yeas and nays are being called. 26. When a bill passes, it shall be certified by the Clerk, who, at the foot thereof, shall note the day it passes. 27. Petitions, memorials and other papers addressed to the House may be presented by any member, who RULES OF THE HOUSE. *59 shall state briefly to the House the contents thereof; which ma}' be received, read and referred, on the same day. 28. In forming a committee of the whole House, the Speaker shall leave his chair, and a chairman to pre- side in the committee shall be appointed by the Speaker. 29. All questions, except as provided in rules 30 and 43, whether in the Committee of the Whole or in the House, shall be disposed of in the order which they are moved, except that in filling up blanks the largest sum and most remote day shall be first put. 30. The rule of proceeding in the House shall be observed in committee, as far as may be applicable. 31. A majority of any committee shall be a sufficient number to proceed to business- 32. When a resolution shall be offered, or a motion to refer any subject, and different committees shall be proposed, the question shall be taken in the following order: the committee of the whole House, a standing committee, or a select committee- 33. Every motion shall be reduced to writing, if the Speaker or any other member desire it. 34. When a motion is made, it shall be stated by the Speaker, or, if it be in writing, it shall be read aloud by the Clerk, before debate thereon. 35. After a motion is stated by the Speaker, or read by the Clerk, it shall be considered in possession of the House, but may be withdrawn at any time before de- cision or amendment, by leave of the House. 36. Any member may call for a division of the ques- tion, when divisible; but a motion to strike out and in- sert shall be indivisible. 37. When a question has been once put and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsideration thereof on the same or within the two next daj's of actual session of the House. 3 be printed, in case it shall exceed the number ordered to be printed under the joint rules of both houses. 1 68 MEMBERS OF THE SENATE. 03' S>V w o w S w PQ •— • GO C O 03 P. 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